1 50 1 https://omeka-test.library.appstate.edu/files/original/d70ab3f03bdaefd08e1862059df79c33.pdf 85b5166c64f0eee5fd4e5a9c82131178 PDF Text Text PATLA, STRAus, RoBINSON & MooRE , P . A. SU ITC: :100 • 211J N 0RH4 .-cA.RKCT P. O. IIOX 18ZII ASHEVI~~E. NORT H CARO~INA 28802 COPY OF LAST WILL AND TI:STAMENT OF lEO FINKELSTEIN (iw - D" r{ cq/k ::.-~,-~{I ·~ (5- �/ KHS/sv J2070-l Original on file w:th POWER OF ATTORNEY A$hevill ~, l !v :.h Carc!:n3 Know all men by · these presents , that I , Leo Finkelstein, hereby make, constitute and appoint my son, Leo Vinkelstein, Jr . , my true and lawful Attorn~/-in-Fact, for me and in my name, place and stead and on my behal , to do and perform for me anything of any character which I might do or ~erforru for myself if personally present and acting. Should my said Attorney- in- Fact be unable to act hereunder, I hereby const itute a nd appoint Karl H. Straus, and if he s hall be unable or unwilling t o act, Robert J. Robinson, and if he shall also be unabie or unwilling to act, Robert A. Freeme.n, III, my true and lawful At:t:Orney-iu-Fact, with full power and authori.ty to do and perform in my name and stead all matters and things herein authorized to be done and performed . I hereby revoke any and all Powers of Attorney previously given by me. Without in any way limiting the foregoing, I specifically authorize my Attorney-in-Fact, in my name and on my behalf: (1) Food and Clothing. To purchase food, clothes, medicine and other goods and supplies. (2) Banking. To endorse, deposiL and collect checks, drafts, promissory not.es, or other instruments made payable to me or to my order, and to endorse, deposit and withdraw any and all deposits to my credit in any bank, whether in my own name or jointly with another. (3) Safe Deposit Box . To enter and to deal with the contents of any safe deposit box standing in my name or to which I have the right of access. (4) Collection of Funds. To collect all s ums due me from all sources, inc luding Federal, State , or other governmer.tal ag~ncies, or branch thereof. (5) Insurance. To maintain and/ or purchase policies of insurance , ~ncluding property, health, accident, disability, hospital, or any other insurance, and to collect the proceeds of any such insurance , and in connection therewith , to give re ceipts and releases . (6) Borrowing Money . To borrow money and to pledge for the payment thereof any real or personal property. (7) Investments. To retain and/or to make any form of investment in real or personal property (tangible or intangible, including but not limited to stocks and bond3, etc.) , or interests therein, for cash or on terms (including "on margin"), and to hold such investments in the name of a nominee or in any other form without disclosure of the fiduciary relationship. (8) Voting. To vote for me and in my name, and to act as my proxy, at stockholder, partnership or syndicate meetings, and to sign proxies, statements , waivers, notices and simil&r documents. (9) Purchasin , Mort a in , To acquire, pure ase, mortgage, se , trans er, ass gn or lease real or personal property (tangible and intangible), or any interests therein , and to make such purchases, mortgages , or conveyances for cash or on terms, and to give or receive secured or unsecured notes therefor, and to pay, coll ect , and cancel such notes, and to execute bills of sale, deeds , mortgages , deeds in t rust , leases and such other documents as may be required or desirable . �- 2 (10) Tax Retu·cns , To s ign aP.y return, Power of Attorney , or oth er document required by Federal, State, or other governmental taxing a uthorities , and to appear for me and to represent me before the Internal Revenue Service, or any State or other governmenta l t axing authority f or any tax year from 1980 through the year 2005 . (1 1) Lesal Claims. To conduct , d~fend and su1t or proceeding for any purpose or may be due me or c l aimed again st me, such matters , and to receive , execute releases or other discharges therefor . p rosecute any action , for any amount which to a d just and sett:!..e and deliver receipts, ( 12) Care and Treatment. To admit me , and to exec ute contxaccs , conecnce or oth er documents required for my care and treatment at hos pitals, nursing h omes or other institut ions. (13) Attorneys and Accountants. To hire and retain a t torneys , accountants, or other agents reasonably required i n th~ carrying out of the duties herein de legated , and to pay reasonable remuneration for such services . I h e reby ratify and confirm all t h at my Attorney-in- Fact s hal l lawfully do or cause to be done by virtue hereof. The powers herein granted s hall be deemed continuing and s h all be e x ercisab le in connection with .::·.1y property which I may hereafter acquire as well as a ny property wh:l.ch I may now own . It is my i ntention that thi s Power of Attorney s hall continue in effect until revoked in writing, notwithstanding my incapacity or incompetence which may occur after the date of execution of this Power of Attorney. This Power of At t orney is executed pursuant to the General Statutes of North Cacol ina , General Statutes 32A et. s eq. I specifically waive a ll requirements conta ine d in North Carolina General Statute 32A et . seq. (or in any similar statute in any other applicable jurisdiction) rela tive to filing in the Office of the Clerk of Superior Court for Buncombe County (or in any other office performing s imila r f unctions in any other jurisdiction) of inventories a nd/or accounting reports covering re c eipts, disburs ements, investments, purchases , or disposition of my property. IN WITNESS WHEREOF, I have executed the foregoing Power of Attorney, this ~day of July , 1988. ~~~~p.:~~7-lt:i~~~~~~;.·,;a Notary Pub lie in and for ;; o tify that Leo Finkelstein personally appeared before me th s day and acknowledged the due execution of the forego ing instrument. Witness my ha nd and notaria l July, 1988 . My Commission Expires: d z. .:l:l- tf! seal, this the // ~ day of ~~L~~ �-- RJR:kt J2048-3 COPYOF Wilt: OF LEO FINKELSTEIN I hereby make, publish and declare this to be my Last W ill and Testament hereby r evok i n g any and all Wil ls and Codic:.ls by me at any cime h e r a cof~re made. Ar ticle 1. DECLARATION I declare tha t: l. 1 Testator . My name is Leo Fink e l s tein and I reside in Buncombe County, S:ate o f. North Carolina . 1.2 '.-Efe of Testator . 1. 3 Son of Tescator. My "\.Jife " is Sylvia B. Fi nke l st ein . My "S on" is Leo Finkelstein, Jr. Ar:icle 2. EXECUTOR AND TRUSTEE I nomin a : e . constitute and appoint my Son and Karl H. Straus as Co -Executors and Go -Trustees of this my Last Will. In the event Karl H. Straus shall be unable or unwilling to serve, I nominate , constitute and appoint Robert J . Robi~son , unable or Robert A. unwilling to Executor and Co-Trustee. serve. and if he shall also be Freeman, III, as Co- I direct that none of my Executors or Trustees shall be required to furnish bond . Wherever in this Hill reference is made to Executor or Trustee, it shall also mean and apply to Co-Executors or Co-Trustees, whichever is applicable. Article 3. PAYMENT OF DEBTS , ETC. I direct my Executor to pay my funeral expenses (including the �Last Will and Testament of Leo Finkelstein, Page 2 cost of a suitable plaque or monument), all expenses of my last illness, the administration expenses of my estate and any and all debts (including unpaid charitable pledges whether or not the same are enforceable obligations of my estate) as an expense and obligation of my estate and wi thout apportionment. Art ic le 4. TANGIBLE ?ERSONAL PROPERTY I give an d bequeath al l my jewe lry and watches to my Son , and to hi s s urviving children (in equal shar es) if he shall predecease me, and I give and bequeath all my other personal effects and t ang~ble person al property to my W fe , and if s h e shall predecease i me, to my Son. I direct that this bequest is i ntend ed to include I direct only it ems of tangibl e personal effects and pro?e ~ t:y . that any expenses property be paid incurred in safeguarding or f r om my estate as an deliver ing such admin i stration expens e t hereof . Article 5. SPECIFIC BEQUESTS I give and bequeath the sum of Five Thousand Dollars ($5,000) each to Rhonda Adams Schornstein, Lee Ad.:tms , and Steven Finkelstein, and I give and beque a th the sum of One Thousand Dollars ($1,000) ~ach t o Reb ecca Adams and to any other Great Grandchildren who may survive me . For the purpose of this Article 5. , the term Gr ea t Grandchildren shall include any child or children of Rhonda Adams Schornstein and Lee Adams and any Grandchild or Grandchildren of Leo Finkelstein, Jr. �Last Will and Testament of Leo Finkelstein , Page 3 Article 6. RESIDUARY ES'fATE 6.1 Division int o Two Shares . I direct my Exe cutor to di- vide all th e rest, residue and remainder o f my prope rty and est a t e of every nature and wherever situa ted, includif'!g a l l property which I may acquire or become entitled to a f t e r the exe cu t ion of this Will and including all laps e d lega ci e s and devi se s , h e r e inafter re f erred to as my R~s iduar y Esta t e , into two equal s h ares, to be des i gnated an d kn own as t he "v fe ' s Sha r e " and the "Son's li Shar e ". 6. 2 Tru s t f or Benefit of Wi f e . I give . de v ise and bequea th 1 th e Wif e s Share t o my Trustee . tc be held i n a crust to be des i gna ted as the "Wife ' s Tru st " , and m Trustee s hall dis c:- ibut e t he y net income derived the r efrom , in no l ess than quar ter ly ir.s t a llmer.t s , to and for the benefi t o f my Wi fe . this trust and my \-li fe s ot he r 1 I f the ne t inc ome from iinanc ia l r es ourc es ar e ins uffi- c i ent to provide for the maint en anc e , health and gener a l welfare of my \-life, I c.irect my Tru s tee t o pay to and for the benefit of my Wife so much of principal as shall be reasonably required under the circums t ance s . If at any time my Trustee shall determine that the trust es t ablished by thi s Wil l i s so small as to no longer be economica ll y fe asib le t o c ontinue in trust, my Trustee may termi nate such trust and distribut e the remainin g assets to my Wife , free and clear of this trust. If my \.Jife shall have sur~Jived me and the Trus t is in existence at the time of her death, or if my Wife shall have predeceased me , I give, devise and bequeath the Wife's Share or the principal then r emaining in said Trust to Patricia Sue Adams. �Last Wil l and Testament of Leo Finkelstein , Page 4 6.3 Son' s I Share . give , devise and bequeath the Son's Share to my Son, and if he shall not bP. living at the time of my death, I give , devise and be~ueath the Son's Share in equal shares to my Son ' s surviving child or childr en , natural born nr adopted . Article 7. MISCELLANEOUS PROVISIONS 7.1 Discretionarv Distributions. The discretionary distri - bu tions of princ i pal and income hereinabove authori-zed shall be made by my Tru stee Trus tee a s to the in its discretion . amou:-1 ~ and the judgmen t of my of such payments or di stributions, and the advi s aLi.l ity thereo.: , s hall be final and conclusive upon all p ~ r:ies interested or who may become ~nterested i n my estate or in any o f my t rust esta t es . 7. 2 Accounting Trustee. b~ My Trustee shall render state - ments of account of r ece ipts, disbursements and investments held a t lease annually to my Wife , but my Trustee shall not be required to make any repo=ts to any cour t at any time for any purpose. 7.3 Funding of Wife's Trust. I direct that to the extent possible , the Wife's Trust shall be funded only with assets that qua lify for the marital deduction under the provisions of the Int ernal Revenue Code zpplicable to my estate or out of the pro ceeds of such asset s . not reduced by any estate, tran sfer , succession, legacy or passing under this \-lill. qualifying for si~ilar inheritance , taxes paid out of property Also , to the exten t that other assets the marital deduction are available, the t.Jife' s �Last Will and Testament of Leo Finkelstein, Page 5 (i) assets with respect to which Trust shall not be funded with: a credit for fore ign taxes paid is allowable under the Internal Revenue Code; (ii) assets which may be subject to both income and estate ta~es and which may be eligible for a credit or deduction; or (iii) United States Treasury Bonds eligible for redemption at par in payment of Fede ral Esta te taxes . the W~fe' s Trust may be Subject to the fore 3o ing, funded in cash or in specific prope rty , real or personal, or an undivided interest therein, or partly in cash and partly in such P'=operty , and in inst al lments or all at one time , a nd without r egard to the ?=operty alloca t ed to the trust, ~ncome tax basis of specific provided only that any assets distribut ed in kind shall b e valued at their date o r d a t es of dist : i bucion values. In making such distributions, I request (but do not direct) that to the e xt en t deemed advisable or practical: (i) any p:-operty being sold t o satisfy obligations of my estat e {o r of any trust) s ha ll have an aggrega t e income tax basis as close as possible to its aggregate fair market value and (ii) to the extent consistent with this primary objective , the increase in basis for federal and state estate and succession taxes attributable to ap preciation shall be maximized . 7.4 Special Instructions. which assets shall be used in whether my estate The decision of my Executcr as to funding the \.Jife' s shall be valued under Trus t, as to the optional valuation provisions of the federal estate tax law, as t o wh at tax elections should be exercised , and as to what proceedings are necessary to complete the ascertainment of the federal estate tax , shall be �Last Will and Testament of Leo Finkelstein, Page 6 conclusive and binding on all per sons, and no compensating ad- justments between income and principal or between the funding of the trusts or other bequests shall be made as a r esult of such tax elections exercised by my Executor. 7.5 Distribution of Income Pending Funding of Wife ' s Trust . So long as any part of the Wife ' s Trust r emains unfunded, my Wi fe s ha l l be ent:it:led to receive from my Executor one-half (l /2 ) of the net income of my estate , the same to be in lieu of any interest or other income thereon. The determina tion of my Executor as to the amount of incooe to whi ch my Wife is entitled unde r the provi sions of this Paragraph shall be f in al and conclusive as to all per sons interested or claiming to Le inter ested i n my es tat e . Article 8. DISTRIBUTIONS TO MINORS If under the r:e rms of this Hill any beque st or devise, payment of income , or distribution of principal, shall become payable or distributable tc a minor, my Executor and Trustee shall have the right and power to make such payments or distributions payable , distributable or applicable to the use of such minor by making payment or distribution to either the parent or guardian of such minor, or my Executor and Trustee may apply the same directly for such minor ' s own benefit , and the receipt of such parent or guard ian, or evidence of the application of the bequest or devise, all or in !Jart , for the benefit of such minor , shall be a full and complete discharge and acquittance to my Exe cutor and Trustee to the extent of such payment or distribution. �Last ·will and Testament of Leo Finkelstein, Page 7 Article 9. COMMON DISASTER In the event my Wife and I nhall die in or as a result of a cormnon disaste r or accident , or difficult or impossible unde~ such circumstance s that it shall be to dt.'termine which one predeceased the other, it s hall be conclusively presumed that I survived my Wife . Articl e 10 . TAXES I direct tha t all estate, cession taxes, inheritance , transf er , l egacy or or death duties , sue - togethe r tvith any asses sment s, intere s ts or penalties thereon, which may be assessed or impos ed with re spect to my est.::~te , or anv pa rt ther eof , \vhether or not passing under my Wil l (collectively "Taxes " ). shall be paid out of my Residuary Estate as an exp ense of administ ration and tvithout appo rtionment . Article ll. AUTHORITY AND POWERS OF EXECUTOR AND TRUSTEE I he r eby authorize my Executor a nd/ or Trustee, in the exercis e of its di screti on and without any order of court, to do all things and to perform all acts tha t seem req,Iisite or desirab le in the businesslike settlement of my estate and the administrat ion of any trust. Without in any t.;ay limiting the generality of the fore- going, my Executor and Trustee s hall have the powers set forth and described in Artic l e Three of Chapter 32 of the General Statutes of North Carolina r ela ting to powers of fiduciaries and all of the powers conferred upon fiduciaries and personal r epr esentatives set forth and described in the general statutes of any jurisdiction in which this Last Will is probated, or in which my estate or any �Last Will and Testament of Leo Finkelstein, Page 8 trust s are being administered , and all of such powers and statutes a r e hereby incorporated into this Wi ll as if fu lly set out herein. Ar ticle 12. CAPTIONS The captions herein are for convenience only an d shall in no way limit, b r oRden or otherwise affect the construction of any pro vision h ereof . I, Leo Finkelstein, this I~ day of the Testator, sign my name to this instrument 1990 1'\J\A.rc...-1..____ and being first duly s tvorn . do hereb:' de clare to the undersi.gned authority thnt I sign and execut e this in strument as my Last Wi ll and Testament and th at I sign it wil l ingly, that I execut e it as my free and voluntary act for t he purposes herein expressed, and that I am eighteen yea r s of age or older, of sound mind, and under no constraint or undue influence. estato r \.Je , ~~ .:J kb'o~c.p.,_ the witnesses, , and?aro&.'-a.:?. ltv~\..t sign our names to this instrument consisting of nine (9) pages, including this page and the following page, this _...,!1'-~-1,;' day of yy0)...~c..-L , 1990 and being first duly sworn, do her eby declare to the undersigned authority that the Testator h as signed and executed this instrument as his Last l-lill and that he �Last Will and 1estament of Leo Finkelstein , Page 9 signed it willingly, and that each of us , in the presence and hearing of the Testator, her eby signs this Will as witness to the Testator ' s signing , and that to the best of our knowledge Testator is eighteen years of age or older, of sound mind, the and under no const=aint or undue influence. STATE OF N ORTH CAROLINA COUNTY OF BUNCOMBE Subscribed, Fi~tein,_t by 5i.rl .J. witnes ses , this sworn to and acknowledged before me by Leo Testa 4or, and s ub s ~d and swor~ tO· before me \o o.,...v.-.~ ~ and ~""'-'L\..c__cp, lU'\.&0 ' \ day o (Y'yi cc b. , 1990. My Commission Expires: ¥1tary ublic ".,_,.._ L--rl=~ ~/L~'<c Mlk'~ N � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Leo Finkelstein Papers Description An account of the resource This collection contains materials relating to Leo Finkelstein, resident of Asheville, North Carolina, the Asheville Lions Club, and the Beth Ha-Tephila Cemetery in Asheville. It contains computer discs, notes, scrapbooks, book drafts, correspondence, photographs, programs, fliers, and other materials related Leo Finkelstein, his wife Sylvia, and the Lions Club, Elks Club, and Jewish Community in Asheville, North Carolina. Contributor An entity responsible for making contributions to the resource Finkelstein, Leo, 1905-1998 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Leo Finkelstein's Last Will and Testament, November 30, 1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993-11-30 Language A language of the resource English Identifier An unambiguous reference to the resource within a given context 107_01_15_LeoFinkelstein_LastWillAndTestament_M Description An account of the resource Leo's last will and testament, explaining the distribution of his estate, personal property, and money, most of which he left to his son Leo Finkelstein, Jr, and his wife. Subject The topic of the resource Finkelstein, Leo, 1905-1998--Will Rights Information about rights held in and over the resource <a title=" In Copyright - Rights-holder(s) Unlocatable or Unidentifiable" href="http://rightsstatements.org/vocab/InC-RUU/1.0//" target="_blank" rel="noopener"> In Copyright - Rights-holder(s) Unlocatable or Unidentifiable </a> Format The file format, physical medium, or dimensions of the resource PDF Wills Source A related resource from which the described resource is derived <a title="AC.107 Leo Finkelstein Papers" href="https://appstate-speccoll.lyrasistechnology.org/repositories/2/resources/192" target="_blank" rel="noopener"> AC.107 Leo Finkelstein Papers </a> Is Part Of A related resource in which the described resource is physically or logically included. <a title=" Leo Finkelstein Papers" href="https://omeka.library.appstate.edu/collections/show/27" target="_blank" rel="noopener"> Leo Finkelstein Papers </a> Type The nature or genre of the resource Text Extent The size or duration of the resource. 12 pages Temporal Coverage Temporal characteristics of the resource. 1990s 1990 attorney Last Will and Testament Leo Finkelstein Jr. personal property