LAST WILL AND TESTAMENT

OF
EDUARDO D. HERNANDEZ
I, EDUARDO D. HERNANDEZ, residing in Portales, New Mexico, do hereby make
and declare this to be probate or administered this to be my Last Will and Testament, herby
revoking any and all former Wills and Codicils by me at any time heretofore made.
ARTICLE I
This will is made in New Mexico and shall be governed and administered
according to New Mexico law, even though subject to probate or administered elsewhere. The
New Mexico laws applied shall not include any principles or laws relating to conflicts of laws.
ARTICLE II
Whenever used herein, words using the singular shall include the plural, and
words using the masculine shall include the feminine and neuter, and vice versa, unless the
context requires otherwise.
ARTICLE III
I am married, and my wifes name is Maria R. Hernndez. All references
hereinafter made to wife or spouse shall refer to her and no other; if she is not my legal
wife at the time of my death, then she shall be deemed for the purpose of this, my last Will and
Testament, to have predeceased me. I was formerly married to Angela Sanchez, who is no
deceased. There were three (3) children born of my marriage to Angela Sanchez. The names of
those children are as follows: Rita Calderon, Timothy Sanchez, and Brian Sanchez.
ARTICLE IV
If My Spouse Survives. Except as may be provided hereunder in this Article IV, if
my spouse survives me, I give to my spouse all my interest in household furniture and
furnishings, books, apparel, and similar personal effects; art objects, gun collections, and
jewelry; sporting and recreational equipment; all other tangible property for personal use; all
other like contents of my home and any vacation property that I may own or reside in on the
date of my death; all animals; any motor vehicles that I may own on the date of my death; and
any unexpired insurance on all such property.
ARTICLE V
If My Spouse Survives. Except as may be otherwise provided in this Article IV, if
my spouse does not survive me, I give the property described above in this Article (except
motor vehicles) to my children who survive me, to be divided among them as they shall agree,
1
dsp 031/Last Will and Testament 97-71 P.396

or in the absence of such agreement, as my Personal Representative shall determine, which

determination shall be conclusive.
ARTICLE VI
If any beneficiary named or described in this Will fails to survive me for 120
hours, all the provisions in this Will shall be construed as though the fact were that he or she
predeceased me.
ARTICLE VII
All estate, inheritance, transfer, succession, and any other taxes plus interest and
penalties thereon that become payable by reason of my death upon property passing under
this instrument shall be paid out of the residue of my estate without reimbursement from the
recipient and without apportionment. All death taxes upon property not passing under this
instrument shall be apportioned in the manner provided by law.
IN WITNESS WHEREFORE, I have hereunto affixed my hand and seal this
_____day of ____________________, 2012.
_______________________________________
Eduardo D. Hernandez
Testator
The foregoing instrument, consisting of TWO (2) pages (this page included), was
on this _____ day of ____________________, 2012, subscribed on each page and at the end
thereof by Eduardo D. Hernandez, the above-named Testator and by him signed, sealed,
published, and declared to be his Last Will, in the presence of us, and each of us, who
thereupon, at his request, in his presence, and in the presence of each other, have hereunto
subscribed our names as attesting witnesses thereto.
__________________________________ residing at __________________________________
__________________________________ residing at __________________________________

2
dsp 031/Last Will and Testament 97-71 P.396