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DOCUMENT TITLE: Last Will and Testament of Lafayette Ronald Hubbard
SUBJECT: Second known Will of L. Ron Hubbard, dated 10 May 1982
PARTIES: Purportedly L. Ron Hubbard; Patrick Broeker (who also witnessed the Will) named in the Will as Executor of the Estate and as Trustee of the "Author's Family Trust," created on the same date and included by reference in this Will; Lyman D. Spurlock, Jr. and Norman Starkey as successor Executors, in order, to Patrick Broeker; Anne Broeker as second witness to the Will.
BACKGROUND AND NOTES
This will is purported to have been executed by L. Ron Hubbard on 10 May 1982 along with five other significant legal documents, all of them prepared by Meade Emory and Sherman Lenske. Sherman Lenske himself has admitted in a Declaration that he only "assisted" in the creation of this Will, and the person he assisted is unquestionably Meade Emory.
The Will is witnessed only by Patrick and Anne Broeker, and there is a space for a third witness that is left blank. This is odd because a third person is known to have purportedly been in the presence of L. Ron Hubard that day: David Miscavige, who notarized two of the other documents--a Trademarks "Assignment" and an Advanced Technology "Assignment"--that Hubbard purportedly signed on the same date.
This Will includes by reference a Trust called "AUTHOR'S FAMILY TRUST." Although the instrument creating that Trust is not available, there are two later trusts related to it: "AUTHOR'S FAMILY TRUST-A" and "AUTHOR'S FAMILY TRUST-B," both executed on 21 January and 23 January 1986, immediately before the reported "death" of L. Ron Hubbard.
One of those, "AUTHOR'S FAMILY TRUST-B," claims to "amend and restate" the original "AUTHOR'S FAMILY TRUST."
Unfortunately--and probably intentionally--the only available copy of this Will has a missing page, and it, of course, is the page containing most of paragraph FIFTH, which can be determined, from the little that is available, to be discussing "AUTHOR'S FAMILY TRUST." One thing that some have speculated as likely being discussed in the missing page is the disposition of the copyrights, which are certainly specifically discussed in the later Will of 23 January 1986.
LAST WILL AND TESTAMENT
LAFAYETTE RONALD HUBBARD
I, L. RON HUBBARD, also known as LAFAYETTE RON HUBBARD, a resident of the State of California, declare this to be my Last Will and Testament and I revoke all prior Wills and Codicils to Wills heretofore made by me.
FIRST: I declare that I am married; that my Wife's name is MARY SUE HUBBARD, and that any and all references to "my Wife" are to her. I further declare that I have five (5) children now living, namely DIANA MEREDITH DeWOLF HUBBARD RYAN, SUZETTE HUBBARD TITMUS, ARTHUR RONALD CONWAY HUBBARD, L. RON HUBBARD JR., also known as NIBS HUBBARD, and KATHERINE MAY HUBBARD GILLESPIE, all of whom are adults. I have one (1) deceased child, namely QUENTIN HUBBARD. I further delcare that I have no other children, nor issue of deceased children, either living or deceased. The terms "my children" and/or "children of mine" and/or "my child" as used in this Will, shall be deemed to refer to DIANA MEREDITH DEWOLF HUBBARD RYAN, SUZETTE HUBBARD TITMUS and ARTHUR RONALD CONWAY HUBBARD, including any afterborn children of my marriage to MARY SUE HUBBARD, and/or any children hereafter adopted by us, but not including L. RON HUBBARD, JR., also known as NIBS HUBBARD, KATHERINE MAY HUBBARD GILLESPIE and QUENTIN HUBBARD, it being my intend that L. RON HUBBARD, JR., also known as NIBS HUBBARD, KATHERINE MAY HUBBARD GILLESPIE and QUENTIN HUBBARD and their issue not take under my will.
SECOND: It is my intention to dispose of all property, real, personal and mixed, of whatever kind and character, and wherever situated, which I am entitled to dispose of by Will, including but not limited to any and all property over which I may have the power of appointment by Will.
THIRD: To my dear friends on my personal staff, my aides, officers and the executives of organizations and my staunch friends on staffs and Scientologists I give my love and continued support and hopes for a better world.
FOURTH: I have this day previously established the AUTHOR'S FAMILY TRUST, by Agreement bearing the same date as this WILL, of which I am the Trustor and PATRICK D. BROEKER is the Trustee. In taht Trust Agreement I have provided for the payment of all my debts, expenses of last illness, succession and transfer taxes, and administration expenses
terms of said Trust Agreement, the terms of which I hereby incorporate into this, my Will, by reference, as fully as if said Trust Agreement were set forth herein in its entirety.
SIXTH: I declare that, except as otherwise provided in this Will and in the Trust Agreement establishing the AUTHOR'S FAMILY TRUST, I have intentionally and with full knowledge omitted to provide herein for any of my heirs who may be living at the time of my death, including, but not limited to, LAFAYETTE RON HUBBARD JR., also known as NIBS HUBBARD, KATHERINE MAY GILLESPIE QUENTIN HUBBARD and the issue of such persons. Further, I have intentionally omitted to provide herein for ALEXIS HOLLISTER, who may pretend to be my heir, but is in fact not and has never been my heir.
SEVENTH: If any devisee, legatee or beneficiary under this Will, or any legal heir of mine, or person claiming under any of them, shall contest this Will or attack or seek to impair or invalidate any of its provisions, or conspire with or voluntarily assist anyone attempting to do any of these things, in that event I specifically disinherit each such person and all legacies, bequests, devises and interests given under this Will to that person shall be forfeited and shall augment proportionately the shares of my estate going under this Will to or in trust for such of my devisees, legatees and beneficiaries as shall have not have participated in such acts or proceedings.
EIGHTH: I nominate and appoint PATRICK D. BROEKER Executor of this Will. Should PATRICK D. BROEKER be deceased or otherwise unable or unwilling to act as Executor, a successor Executor shall be selected from the following persons in the following priority:
1. Lyman D. Spurlock, Jr.
2. Norman Starkey
An absolute condition for any person's commencing to serve as an Executor shall be that he or she be an ordained Minister of Scientology, in good standing. None of the foregoing individuals shall be required to furnish bond in any jurisdiction for acting as Executor of this Will or any Codicil to it. The terms Personal Representative, as used in this Will, shall be deemed to mean any person or persons appointed as Executor, Executrix or Co-Executors of this Will, or any Codicil to it, whenever the context arises.
In addition to those powers now or hereafter conferred by law, my Personal Representative shall have the power to sell, lease, mortgage or encumber by deed of trust the whole or any part of my estate at either public or private sale, with or without notice, but subject to such confirmation as may be required by law; and to hold, manage and operate any property or business belonging to my estate at the risk of my estate and not at the risk of my Personal Representative with any profits or losses therefrom to inure or be chargeable to my estate as a whole. My Personal Representative shall be authorized to invest surplus funds, but subject to such confirmation as may be required by law.
My Personal Representative shall continue to hold and operate any property or business received by him or her in the form of an entity in which such business was operated during my lifetime, or in such other form of entity as he may deem advisable. My Personal Representative shall pay all of my debts and/or liabilities in connection with the purchase or acquisition of interests in partnerships that I may hold at my death.
With respect to stocks and other securities held in the estate, to have all the rights, powers and privileges of an owner, including, but not by way of limitation the power to vote, give proxies and pay assessments and other sums deemed by the Executor necessary for the protection of the estate; to participate in voting trusts, pooling agreements, foreclosures, reorganization, consolidations, mergers and liquidatoins, sales and leases, and in connection therewith to deposit securities with and transfer title to any protective or other committee under such terms as the Executor may deem advisable; to exercise or sell stock subscription or conversion rights; to accept and retain as an investment any securities or other property received through the exercise of any of the forgoing powers, regardless of any limitations elsewhere in this instrument relative to investments by my Personal Representative. I further authorize my Personal Representative to invest and reinvest the principal and any undistributed income, and purchase or acquire therewith every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind, stocks, preferred or common, shares of investment trusts, investment companies, and mutual funds, and mortgage participations, which men of prudence, discretion and intelligence acquire for their own account.
My Personal Representative shall have the power to determine whether any or all of the expenses of administration of my estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and whether any or all of such expenses shall be used as deductions for purposes of California Inheritance Tax or California State Income Tax. No legatee or devisee or beneficiary under this Will shall have any right to recoupment or restoration of any loss suffered as a result of the use by my estate of such deductions for one or the other of these purposes.
My Personal Representative shall have the power to file Joint Income Tax Returns with my surviving spouse, and in such event my Personal Representative shall not require any contribution from said surviving spouse of any oart of the income tax payable thereon, and to compromise, settle, and adhust claims and demands in favor of or against my estate; and my Personal Representative shall be authorized to consent, persuant to the provisions of the Internal Revenue Code of 1954, or any federal or state statute making substantially similar provisions for the division of taxable gifts between spouses, so that any gift made by me or my spouse prior to my death shall be considered as made one-half (1/2) by me and one-half (1/2) by my surviving spouse; and if such consent be given, to file proper returns accordingly and to pay from my estate any and all liability for gift tax, interest, and/or penalties upon any such gifts.
My Personal Representative may, in my Personal Representative's sole discretion, distribute, upon obtaining a partial or final order of distribution, any part of my estate (not specifically bequeathed) in kind (including undivided interests therein) in cash, or partly in cash and partly in kind, and the decision of my Personal Representative as to what constitutes a proper division of my estate shall be binding upon all beneficiaries.
NINTH: As used in this Will, the masculine, feminine or neutral gender, and the singular or plural number, shall each be deemed to include the other whenever the context so requires.
TENTH: If any provision or provisions of this Will or any Codicil to it are finally determined to be invalid by a court of competent jurisdiction, the remaining provisions shall nevertheless be carried into effect.
IN WITNESS THEREOF, I have executed this Last Will and Testament this 10th day of May 1982, at Los Angeles, California.
LAFAYETTE RON HUBBARD
The foregoing instrument, consisting of ten (10) pages, including the page signed by the Testator, being page nine (9) and including the page signed by the witnesses being page ten (10), was on the date hereof signed by the said LAFAYETTE RON HUBBARD, subscribed, published and declared to be his Last Will and Testament, in the presence of us who, at his request and in his presence, and in the presence of each other, sign the name as witnesses thereto. Each of us observed the initialling of each page hereof by LAFAYETTE RON HUBBARD, the signing of this Will by LAFAYETTE RON HUBBARD and by each other subscribing witnesses and knows that each signature is the true signature of the person whose name was signed.
Each of us now is more than twenty-one (21) years of age and a competent witness and resides at the address set forth after such witness' name.
We are acquainted with LAFAYETTE RON HUBBARD. At this time, he is over the age of eighteen (18) years, and to the best of our knowledge he is of sound mind and is not acting under duress, menace, fraud, misrepresentation, or undue influence.
We declare under penalty of perjury that the foregoing is true and correct.
Executed on May 10th, 1982 at Los Angeles, California.
Patrick D. Broeker
Residing at: Los Angeles, California
Anne M. Broeker
Residing at Los Angeles California
[Blank signature space]
Residing at [unentered]
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