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        Unedited Resource Site

                                    Created in 1996 Jasha Salter., M.S.Ed. 

 

Below you will read what Joel wished when the time came for him to leave.  He was a very loving and responsible family member and, basically, everything he had went to Emma Agnes Goldsmith (6-20-1904 to 12-1-1986). 

If Emma did not survive him, he wished to divide his material possessions equally among Emma's children, his sister and his nephew. It has never been clear what happened to even the spirit of these instructions when Emma left.  My educated guess is that she had a Will similar to Joel's for a time, then something happened where she changed her Will and Testament before she died. (Any information on this would be very gratefully received, with your anonymity protected.)

Note: You will soon be able to read Emma's Will and Testaments. 

 

Joel's Last Will and Testament July 27, 1962

Joel's Last Will and Testament  July 27, 1962 

 Last Will and Testament of Joel Solomon Goldsmith 

I, Joel Solomon Goldsmith, of Honolulu, Hawaii, do hereby revoke all wills and codicils, as well as all other instruments of a testamentary nature, heretofore made by me, and I do hereby make, publish and declare this to be my Last Will and Testament, in manner and form following: 

FIRST:  I direct my Executor hereinafter named to pay all of my just debts and funeral and administration expenses and also to pay out of my residuary estate all expenses necessary to effect transfer and delivery to all legatees at their residences of all bequest given hereby or by any codicil hereto, and all estate, inheritance, succession and transfer taxes imposed by the United States or any state, territory or possession thereof on my estate and on all devises and bequests given hereby or by any codicil hereto, including all such taxes imposed by reason of my death, although measured by property, including insurance proceeds, not subject to the possession or control of my Executor. My Executor shall not seek to recover any such tax or any part thereof from any person receiving property by which the tax is measured. 

SECOND:  I give and bequeath the sum of ONE THOUSAND DOLLARS ($1,000) to my sister, ESTHER GOLDSMITH WALDO, of Los Angeles, California if she survives me. 

THIRD: I give and bequeath the sum of ONE THOUSAND DOLLARS ($1,000) to CHARLES WALDO, of Los Angeles, California, if he survives me. 

FOURTH: I give and bequeath the sum of ONE THOUSAND DOLLARS ($1,000) to my wife’s daughter, GERI RUSTON MCDONALD, of San Luis Obispo, California if she survives me. 

FIFTH:  I give and bequeath the sum of ONE THOUSAND DOLLARS ($1,000)to my wife’s son, SAMUEL OLIVER LINDSAY, of Honolulu, Hawaii, if he survives me. 

SIXTH: I give and bequeath the sum of ONE THOUSAND DOLLARS ($1,000) to my wife’s son, WILLIAM LESLIE RUSTON, of Honolulu, Hawaii, if he survives me. 

SEVENTH:  If my wife, EMMA AGNES GOLDSMITH, survives me for at least thirty (30) days, I give, devise, bequeath and appoint to her all of the rest, residue and remainder of my property and estate, of whatsoever kind and nature, and wheresoever situated, which at the time of my death I may own, or to which I may be legally or equitably entitled, or over which I may have any power of appointment. 

EIGHT:  If my wife, EMMA AGNES GOLDSMITH, does not survive me for at least thirty (30) days, I give and bequeath to CHARLES WALDO, if he survives me, my Winter Scene Painting by Robert Emmett Owen. 

NINTH: If my wife, EMMA AGNES GOLDSMITH, does not survive me for at least thirty (30) days, I give and bequeath all of my jewelry, silver, paintings (except Winter Scene by Robert Emmett Owen), art objects and furniture to GERI RUSTON MCDONALD and WILLIAM LESLIE RUSTON to be divided between them in such manner as they shall agree, provided, however, that in the absence of such agreement within four (4) months from the date of my death the same shall be divided by my Executor in such manner as he or it shall, in his of its sole discretion determine, and such determination shall be final and binding on all persons. 

TENTH:  If my wife, EMMA AGNES GOLDSMITH, does not survive me for at least thirty (30) days, I give, devise, bequeath and appoint to my Trustee hereinafter named the sum of SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) in cash or securities at market value selected by my Executor in trust, nevertheless, for the express uses and purposes set out below. 

(1)   My Trustee shall, from the date of my death until the termination of this trust pay to or for the benefit of my wife’s son, SAMUEL OLIVER LINDSAY, all of such portion as my Trustee shall deem advisable, of the net income from the trust estate, and also portions of the principal thereof, in such amounts and at such times as my Trustee shall, in the discretion of my Trustee, deem necessary or advisable, in accordance with the needs of my wife’s said son, as determined by my Trustee, in the discretion of my Trustee, and shall accumulate all surplus net income and add the same to the principal of the trust estate.

(2)   This trust shall terminate upon the death of my wife’s son, SAMUEL OLIVER LINDSAY.Upon such termination, my Trustee shall transfer, convey or deliver, absolutely and free from any trust, the principal of the trust estate to the estate of my wife’s son, SAMUEL OLIVER LINDSAY.

(3)   My Trustee shall have full power and authority to hold, manage and control the trust estate and to sell or otherwise dispose of and deal with any of the trust property; to borrow upon the security of any trust property for any trust property; to invest and reinvest principal and income, if accumulated, in such bonds, common or preferred stocks or other securities as my Trustee deems advisable, including shares in regulated investment companies and participations in common trust funds, without being limited by any statute or rule of law affecting the investment of trust funds; from time to time, in the sole discretion of my Trustee and without reference to prior determination, to determine what is principal and what is income of the trust estate and to apportion and allocate receipts and disbursements between these accounts; to retain indefinitely, within the sole discretion of my Trustee, any of the stocks, bonds, or other securities received as part of the trust estate, although except for this express authority, it might be of a kind or in an amount which would be considered improper for a trust; when required to divide or distribute all or any part of the trust estate to do so in kind or in money, or partly in kind and partly in money, in the sole discretion of my Trustee, the decision of my Trustee as to values  and method of division or distribution to be binding on all persons; to give revocable or irrevocable, general or specific, proxies or authorizations for voting or acting with respect to securities, whether with or without power of substitution and whether discretionary or not, including such authority to any protective or reorganization committee, as my Trustee shall deem advisable; and generally to exercise the same control over and rights respecting the trust estate as I could exercise personally.  No one dealing with my Trustee shall be bound to inquire into the propriety of my Trustee’s action or to see to the application of any money paid to my Trustee.

(4)   My Trustee shall not be required to give any bond or to file any accounts in any Court but shall annually deliver an account to my wife’s son, SAMUEL OLIVER LINDSAY.  My Trustee shall be entitled without allowance or determination by any Court, to charge such commissions and/or fees as shall be permitted by or may be allowed under any statute in effect at the time, but not including commissions on income first received by my Executor.

(5)   Whenever my Trustee shall be required or authorized hereunder to make any payment to a minor prior to the termination of the trust, such payment may be made in the discretion of my Trustee to a parent or guardian of said minor or to third persons for the benefit of said minor, on their respective receipts.

(6)   The interest of my wife’s son, SAMUEL OLIVER LINDSAY, in principal or in income shall not be subject to claims of his creditors or others, nor to legal process, and may not be voluntarily or involuntarily alienated or encumbered. 

ELEVENTH: If my wife, EMMA AGNES GOLDSMITH, does not survive me for at least thirty (30) days, I give and bequeath my library to WILLIAM LESLIE RUSTON. 

TWELFTH: If my wife, EMMA AGNES GOLDSMITH, does not survive me for at least (30) days, I give and bequeath all book royalties to which my estate may, from time to time, be entitled, to such of the following persons as are living at the time of my death, equally, share and share alike:  SAMUEL OLIVER LINDSAY; GERI RUSTON McDONALD; WILLIAM LESLIE RUSTON; CHARLES WALDO; ESTER GOLDSMITH WALDO. 

THIRTEENTH:  If my wife, EMMA AGNES GOLDSMITH, does not survive me for at least (30) days, I give, devise, bequeath and appoint all the rest, residue and remainder of my property and estate, of whatsoever kind and nature, and wheresoever situated, which at the time of my death I may own, or to which I may be legally or equitably entitled, or over which I may have any power of appointment, equally, share and share alike, to such of the following persons as survive me:  GERI RUSTON McDONALD, WILLIAM LESLIE RUSTON; CHARLES WALDO, ESTHER GOLDSMITH WALDO. 

FOURTEENTH:  I nominate and appoint BERNARD H. LEVINSON, of Honolulu, Hawaii, as my Trustee herein named or, in the event of his death, failure, or inability to serve as Trustee, I nominate and appoint BISHOP TRUST COMPANY, LIMITED, a Hawaiian corporation, having its principal office and place of business in Honolulu, as my Trustee herein named. 

FIFTEENTH: I nominate and appoint my wife, EMMA AGNES GOLDSMITH, as Executrix of this my Last Will and Testament, and I direct that no bond shall be required of her as Executrix. In the event of the death or failure, or inability of my wife, EMMA AGNES GOLDSMITH, to serve as Executrix, I nominate and appoint BERNARD H. LEVINSON, of Honolulu, Hawaii, as Executor of this Last Will and Testament, and I direct that no bond shall be required of him as said Executor.  In the event of the death, or failure, or inability of BERNARD H. LEVINSON to serve as Executor, I nominate and appoint BISHOP TRUST COMPANY, LIMITED, a Hawaiian corporation having its principal office and place of business in Honolulu, as Executor of this my Last Will and Testament, and I direct that no bond shall be required of it as said Executor.  I authorize and empower my Executrix or Executor, from time to time, and whenever in her, his or its sole discretion such action shall be deemed advisable, without first selling personal property, and without securing either the prior or subsequent approval of any Court or Judge, except as may be required by law, to sell and convey any or all of the real and personal property forming a part of my estate, by this Will or by codicil hereto, at either private or public sale, at such prices and on such terms, including provisions for the postponement of payment and the securing of balances by mortgage or otherwise, as she, he or it shall determine, and to borrow money and to mortgage, pledge or otherwise hypothecate to secure the same any of said property, in such amounts, at such rates of interest, and upon such terms and conditions as she, he, or it shall determine.  No person buying property from or loaning money to my Executrix or Executor shall be bound to see to the application of the money paid to my Executrix or Executor or to inquire into the validity, expediency or propriety of any such sale or borrowing by my Executrix or Executor. 

IN WITNESS THEREOF, I have hereunto and to seven preceding pages hereof, set my hand at Honolulu, Hawaii, this 27th day of July 1962.

 

Signed by Joel Solomon Goldsmith 

Witnessed by Bernard H. Levinson

Second witness illegible

Alice Lum