SW6200303_Boykin- Last Will-Gilliam_20200605

NORTH CAROLINA
CUMERLAND COUNTY LAST WILL AND TESTAMENT
1, J. DUANE GILLIAM (dab 10/22/1930), of Cumberland County, North Carolina, being of sound
mind and of disposing memory, do hereby revoke all former Wills made by me and do hereby make, publish
and declare this my Last Will and Testament in manner and form as follows, to wit:
1. Present Family: My immediate family is composed of my five children, Anne Scott Gilliam
Clement, born 05/05/1958 and now age 52; Mary Duane Gilliam Hale, born 12/31/1962 and now age 47;
Melene Nicholas Gilliam Hatcher, barn 03/01/1967 and now age 43; Murtis Maynard Gilliam Worth, born
04/19/1968 and now age 42; and Joseph Duane Gilliam, Jr., born 10/13/1069 and now age 41; their spouses;
and my eight grandchildren.
2. Payment of Debts and Funeral Expenses. I authorize my Executrix, hereinafter named, to pay all
of my just debts and funeral expenses and the cost of administration of my estate. In the case of any claims
made against my estate, I hereby authorize and empower my Executrix to settle and discharge such claims in
her discretion.
I desire that my body shall be cremated. My ashes may be interred in one of my grave spaces in
Fayetteville Memorial Cemetery, or my ashes may be spread at a place and in a manner as determined by
my Executrix, to be decided by my Executrix in her discretion.
3. Personal Properties other then Monies. I leave all of my personal properties such as my
automobile, office books, furniture and computers, furniture and fixtures, yard maintenance machines and
equipment, jewelry and personal clothing (but specifically excluding monies) to my Executrix. My
Executrix shall distribute these items to my family or others as determined by her, sell the items, or abandon
any items as being of no value to my estate, all as determined by her in her discretion. My Executrix, acting
in her sole discretion, shall make all assignments and designations of these properties as determined by my
Executrix, and the decisions of my Executrix in each instance shall be final and binding upon all
beneficiaries of this Will.
4. Remaining Properties in Trust. I will, devise and bequeath all of the remaining properties of my
estate (including income during the administration of my estate), remaining after the payment of all
administration expenses, debts, funeral expenses, and Federal and State Estate taxes. (if any) to my Trustees, as
herein named, in trust, nevertheless, for the uses and purposes hereinafter set forth. This trust shall be called the
"J. Duane Gilliam Residuary Trust" and shall be held, administered, and disposed of as follows:
A. My Trustee shall initially divide all undistributed income and the principal of this trust into equal shares
as follows:
i) a one -fifth share for my child, Anne Scott Gilliam Clement.
ii) a one -fifth share for my child, Mary Duane Gilliam Hale.
iii) a one -fifth share for my child, Melene Nicholas Gilliam Hatcher..
Initials: 01?

iv) a one -fifth share for my child, Murtis Maynard Gilliam Worth.
v) a one -fifth share for my child, Joseph Duane Gilliam, Jr.
Each separate share for each child shall be considered as a separate trust share and shall be accounted for
by my Trustees as separate trust shares.
If any one or more of my children shall predecease me and shall leave living lineal descendants
surviving at the time of my death, the share of my deceased child shall go in trust for the descendants of
that deceased child. If any one or more of my children shall predecease me and shall not leave living
lineal descendants surviving at the time of my death, the share of that child who predeceased me and did
not leave lineal descendants surviving at the time of death shall abate, so to augment the shares of other
children who do survive me or who do leave lineal descendants surviving at the time of my death.
B. Each initial equal separate trust share shall include an equal undivided one -fifth interest in my Eastover
Township acreage, my home and any other. real estate that I own at the time of my death.
C. My Trustees shall not be required to qualify as Trustees, or to file any inventory or periodic accounting
with respect to any trust created herein with any Court, even though otherwise required by law. This
provision is made pursuant to N.C. General Statute 36C-2-209(b).
D. Until the time set forth for termination of each trust share as set forth in sub -paragraph E. below, my
Trustees shall distribute from each separate trust share to or for the benefit of my child who is the
beneficiary of that separate trust share,'that child's spouse while they are married and living together and
continuing for a surviving spouse of a deceased child of mine while that spouse has not remarried, and
the issue of my child, so much or all of the net income and principal of the specific trust share as the
Trustees consider desirable and to be in best interest all beneficiaries of the specific trust share, which
distributions in the discretion of the Trustees may provide for support, medical care, education and
maintenance, subject only to the following provisions:
i) A Trustee (hereinafter abstaining Trustee) shall not participate in any decision to make any
distribution to himself or herself or to any person whom that abstaining Trustee is legally
obligated to support, but such decision shall be made by the Trustees other than the
abstaining Trustee.
ii) The Trustees may retain any real or personal property owned totally, or fractionally, by the
separate trust shares (by way of illustration, the Eastover Township property or my home), or
acquired by the Trustees from funds of the separate trust shares, if the Trustees in their
discretion determine such to be desirable, and the Trustees may permit any one or more of
the persons entitled to benefits from any of the separate trust shares to possess, use, consume
and in all manner enjoy such property with no compensation (or with such compensation, as
determined by my Trustees) to any of the separate trust shares that may own an interest in
such property; provided, that a Trustee in the circumstances described in subparagraph i)
immediately above shall abstain from participating in such decision and the decision is to be
made by the remaining Trustees.
iii) Betty Dan Nicholas Spencer is my former wife and the mother of my five children. No
regular provision is made for her hereunder. However, if the Trustees following my death
shall, in their discretion, be of the opinion that Betty Dan Nicholas Spencer does not have
Initials: C2,,-n
2

sufficient means of her own and from her spouse to provide for her support and medical care,
then I authorize the Trustees to pay over to her, or to apply for her benefit, such funds as
they, in their discretion, may determine should be expended to supplement her other means
and to provide for the required support and medical care. Any such payments made by the
Trustees shall be charged equally to all of the separate trust shares that are then active, or as
otherwise determined by the Trustees in their discretion to be more equitable or appropriate.
The provisions for the discretionary benefits shall apply notwithstanding that Betty Dan
Nicholas Spencer may be living in the home of a beneficiary of a separate trust share that is
provided by this instrument.
E. Each separate trust share shall terminate and the remaining properties of the separate trust share shall be
distributed to my child, if then living, and if my child is then deceased, to my child's heirs under the
Intestate Succession Act, twenty years after my death; provided, that my Trustees by their unanimous
agreement may terminate all of the separate trust shares at any earlier time that they in their discretion
determine to be in the best interest of all, or a majority of all, of the beneficiaries.
5. Releases and disclaimers. Any beneficiary may release or disclaim at.any time or times any part or
all of his or her interest under any separate trust share in favor of that beneficiary's child or children by
delivering a signed instrument to that effect to the Trustees. A beneficial interest may be released or disclaimed
with respect to amounts, fractions or percentages of that interest, or with respect to particular assets, as the
beneficiary having the interest determines.
Of course, only the Trustees can sell or encumber properties held by the separate trust shares. If any one or
more of my children should desire that the interest of that child's separate trust share in any specific property be
discontinued, that child, with the consent of the Trustees, may offer the interest desired to be discontinued
ratably to the other separate trust shares. If such is .done, the full 100 per cent. interest of the Eastover acreage
shall be deemed to be $400,000 (which is only a fraction of the ad valorem tax valuation) or the value of the
3340 Quarry Drive property shall be deemed to be $180,000 (which again is only a fraction of the ad valorem
tax value). If such an exchange is made, the exchange will be a book entry on the trust books, whereby the
interest in the specific property being given up by one separate trust share will be transferred on the books to the
separate trust shares acquiring the interest by trade, and on the trust books, the cash or other property being
traded for the exchanged interest shall be transferred on the trust books for the account of the separate trust
share that has given up the real estate interest. The making of such an exchange will not in itself authorize. any
distributions. All distributions will remain in the discretion of the Trustees.
6. Powers of Fiduciaries. In the management and disposition of the properties of my estate and of the
trusts herein established, both corpus and income, the Powers enumerated in § 32-27 of the North Carolina
General Statutes are hereby incorporated by reference and granted to my Executrix and to my Trustees, -subject
to the restrictions of §32-26'of the North Carolina General Statutes.
7. Appointment of Fiduciaries. I constitute and appoint my daughter, Melene Nicholas Gilliam
Hatcher, as Executrix of my Estate to serve without bond. If Melene Nicholas Gilliam Hatcher shall predecease
me, or shall fail to qualify as Executrix of my estate within 30 days after the date of my death, or once having
qualified, shall die, resign, or become incapacitated, then and in any one of such events, I constitute and appoint
Joseph Duane Gilliam, Jr. as Executor of my estate to serve without bond.
Initials:

I constitute and appoint Mary Duane Gilliam Hale, Melene Nicholas Gilliam Hatcher, Murtis Maynard
Gilliam Worth and Joseph Duane Gilliam, Jr. as co -Trustees of the trusts created by this Will, to serve without
bond. If any one or two of them for any reason shall not be serving as a Trustee, Dr. Walter B. Hatcher shall
take the place of the first one not serving and Charles Herbert Hale, Jr. shall fill the second vacancy, all serving
without bond.
8. Powers of Appointment. If at the time of my death, I have the right to exercise any power of
appointment in favor of myself, my estate, my creditors or the creditors of my estate, I declare that nothing in
this Will shall be deemed to be in exercise of such power.
9. Saving Clause. If any provisions of this Will shall be unenforceable, the remaining provisions shall
nevertheless be carried into effect.
IN WITNESS WHEREOF, I, J. Duane Gilliam, the Testator, sign my name to this instrument this 18th
day of October, 2010, and being first duly sworn, do hereby declare to the undersigned authority that I sign and
execute this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free
and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound
mind, and under no constraint or influence.
(SEAL)
Duane Gilliam
We, Dohn B. Broadwell, Sr. and Leon E. Brown, the witnesses, sign our names to this instrument, being
first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this
instrument as his Last Will and Testament and that he signs it willingly and that each of us, in the presence and
hearing of the Testator, hereby signs this Last Will and Testament as witness to the Testator's signing, and to the
best of our knowledge the Testator is eighteen years of age or older, of sound mind, and under no constraint or
undue influence.
Fayetteville, NC
I,-j5: - � ' c �. R Fayetteville, NC
NORTH CAROLINA
CUMBERLAND COUNTY
Subscribed, sworn to and acknowledged before me by J. Duane Gilliam, the Testator, and.subscribed
and sworn to Wl %,pay Dohn B. Broadwell, Sr. and Leon E. Brown, the witnesses, this the 18th day of
October, �$��,�ro�,,•.
fh Wit hereof, have hereunto set my and hand and Notarial Stamp or Seal on said date.
tiz
ZZ
Ellen P. Newton
"40q+ tC' ,,`,'���� Notary Public
My Commission Expires: 04-19-2011
Initials:
4