1 WILL OF

2
I, PAUL M. TONSING, a resident of Sacramento County, California,

4 declare that this is my Will.

5 I.
6 I revoke all Wills and Codicils that I have previously made.
7 II.
8 I am not married. I have three (3) children whose names are:
9 RICHARD TONSING
10 NANCY SAWYER
11 ROBERT TONSING
12 I have one (1) step-son whose name is:
13 KENNETH KAVANAGH
14 I have no other children, living or deceased. The term "my
15 children" as used in this Will shall include the above-mentioned
16 children.
17 III.
18 I give all my jewelry, clothing, household furniture and
19 furnishings, personal automobiles, boats, crystal, silverware,
20 chinaware, books, paintings, works of art, antiques, appliances, and
21 other tangible articles of a personal nature, or my interest in any

22 such property, not otherwise specifically disposed of by this Will or

23 in any other manner, to my son, RICHARD TONSING, if he survives me for
24 thirty (30) days, and if not, then it shall become part of the residue
25 of my estate.
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 IV.
2 I make the following specific bequests:
3 A. The real property located at 6908 Sheridan Road in Fort
4 Worth, Tarrant County, Texas, shall be distributed to my step-son,
5 KENNETH KAVANAGH, if he survives me. If I do not own this property at
6 the time of my death, or it has been sold, then this bequest shall be
7 satisfied with the promissory note, if any. If KENNETH KAVANAGH does
8 not survive me, or there is no real property or promissory note, then
9 this bequest shall lapse.
10 B. The sum of Five Thousand dollars ($5,000) shall be
11 distributed to each of ROBERT TONSING and NANCY SAWYER, who survive
12 me for thirty (30) days. There shall be no interest paid on this
13 bequest.
14 V.
15 The balance of my estate shall be distributed to LAURA ANN
16 PLANTS, outright and free of trust, if she survives me for thirty (30)
17 days, and if not, then to RICHARD TONSING, if he survives me.
18 VI.
19 If any beneficiary under this Will or any intestate heir in any
20 manner, directly or indirectly, contests or attacks this Will or any
21 of its provisions, any share or interest in my estate given to that
22 contesting beneficiary or intestate share under this Will is revoked
23 and shall be disposed of in the same manner provided herein as if that
24 contesting beneficiary/heir had predeceased me without issue.
25 For purposes of this Will, the terms "contests or attacks" shall
26 include, but not be limited to, the following:
A. An action or proceeding to determine the character of
28 property.
 1 B. A challenge to the validity of an instrument, contract,
2 agreement, beneficiary designation, or other document executed by me
3 prior to the execution date of this instrument, other than the
4 instrument containing the no contest clause.
5 C. A petition for settlement or for compromise affecting the
6 terms of the instrument.
7 D. An intestate claim based on property acquired from a
8 predeceased spouse.
9 VII.
10 I direct that all inheritance, estate, or other death taxes that
11 may by reason of my death be attributable to my probate estate or any
12 portion of it or to any property or transfers of property outside of
13 my probate estate (including gifts transferred to beneficiaries prior
14 to my death, which are included in the computation of the federal
15 estate tax due at the time of my death) shall be paid by my Executor
16 and shall be charged against the residue of my estate disposed of by
17 this Will without adjustment among the beneficiaries, and shall not
18 be charged against or collected from any beneficiary of my probate
19 estate, or from any transferee for beneficiary of any property
20 passing outside of my probate estate.
21 VIII.
22 I nominate my son, RICHARD TONSING, and my granddaughter, LAURA
23 ANN PLANTS, as co-Executors of this Will to serve without bond. If
24 either RICHARD TONSING or LAURA ANN PLANTS shall for any reason fail
25 to qualify or cease to act as a co-Executor, then the other shall act
26 as sole Executor, to serve without bond. The term "my Executor" as
27 used in this Will shall include any personal representative of my
28 estate, and shall include more than one where applicable.
 1 I authorize my Executor to invest and reinvest any surplus money
2 in the Executor's hands in any kind of property, real, personal, or
3 mixed, and every kind of investment, specifically including, but not
4 limited to, interest-bearing accounts, corporate obligations of every
5 kind, preferred or common stocks, shares of investment trusts,
6 investment companies or mutual funds, money market funds, deeds of
7 trust and mortgage participations.
8 I authorize my Executor to sell with or without notice, at either
9 public or private sale, and to lease any property belonging to my
10 estate, subject only to such confirmation of court as may be required
11 by law.
12 IX.
13 As used in this Will, the masculine, feminine, or neuter gender,
14 and the singular or plural number, shall be deemed to include the
15 others whenever the context so indicates.
16 X.
17 If any provision of this Will is unenforceable or invalid, it is
18 my intention that the remaining provisions of this Will shall be
19 carried into effect.
20 SUBSCRIPTION
21 I subscribe my name to this Will on t h e 2 - ^ d a y of
22 ° £>\~ote^ , 2 0 0 8 , a t S ts£A-O^K~l*\Jr^ | California.

:: PAUL M. TOSSING J
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4
 1 ATTESTATION

2 The foregoing instrument, consisting of five (5) pages including

3 this page, was at the date hereof, by PAUL M. TONSING, signed as and
4 understood by us to be his Will in the presence of us, who at his
5 request, and in his presence, and the presence of each other,

6 subscribe our names as witnesses. Each of us observed the signing of

7 this Will by PAUL M. TONSING, and by each other subscribing witness
8 and knows that each signature is a true signature of the person whose
9 name is signed.
10 Each of us is now more than eighteen (18) years of age, a

11 competent witness and resides at the address set forth after his or
12 her name. We are acquainted with PAUL M. TONSING. At this time, he

13 is over the age of eighteen (18) years and to the best of our

14 knowledge, he is of sound mind and is not acting under fraud, duress,

15 menace, misrepresentation or undue influence.
16 We declare under penalty of perjury that the foregoing is true
17 and correct

18 Executed this ^ 3 day of & C\-G b-E^ 2008, at

19 S" CcX-VC\ \AAJ&-M_^K- California

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