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LAST WILL AND TESTAMENT

-of-

ALFRED DAMON RUKYON

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MARY MIRENBOHGAttorney-at-law1270 Sixth AvenueNew York City

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I, ALFRED DAMON RUNYON, also known as

DAMON RUNYON, a resident of Miami Beach, Dade County, state

of Florida, being of aoundand disposing mind, do hereby

make, publish and declare this to be my last will Bnd

testament, hereby revoking any and all former wills by me

heretofore made.

FIRstl I direct that my executrix here­

inafter named pay all my just debts, funeral expenses,

residence taxes and other charges, as soon after my decease

as may be practicable.

§EQONP' I give, deVise and bequeath to

my beloved wife, PATRICE AMATI RUNYON, absolutely, all the

ready money that I may have in my benk accounts, safety

deposit boxes or elseWhere, together with all my jewelry,

clothing, articles of personal, domestic, household use,

or ornament, including ~ furniture, pictures, books and

household effects and other personal belongings of which I ,may die possessed, to do with as she may see fit, with the

'. suggestion that she give ~ beloved son DAMON RUNYON, JR.

any of my linen and'other apparel that he may be able to

use tor his own purposes, and to give to my beloved daugh.'

ter, MARY RUNYON McCANN, mementoes ot Ille as a token of my

affections, as my beloved wife in her sole discretion may

consider appropriate.

XH.nPl I give, devise and bequeath to

the Oorn Exchange Benk and Trust Oompany of New York Oity,

New York, all my right, title and interest in and to all of

my literary properties and writings of every kind, nature

and description, together with the copyrights thereto end

~ renewals thereof ~'nd .in and to all royalties, earnings,~

'1 profits or other income from such literary works that may b

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payable after ~ death, in trust nevertheless to hold the

same for the uses and purposes and subject to the 1imitatl0 I

expressed herein, and after defraying taxes and other law­

ful charges upon seme, to dispose of the principal and

income as hereinafter described.

fQQRfUI <a) I hereby authorize and empowe

~ trustee to sell, nonve.r, license, lease or otherwise

dispose of all or any part of the trust estate at such

times and upon suoh terms as suoh trustee in its discretion

shall deem most beneficial to my estate ~nd to do and per­

form any other act or thing which my trustee deems necessa •

I suggest that my trustee, for this purpose, employ on a

customary commission basis, a reputable literary agent.

(b) No purchaser or person

dealing with such Corn F~change Bank end Trust Company

shall be under any obligation to see as to the authority

of the said Corn Exchange Bank and Trust Company to make

any such sale or conveyance or to see to the sppliqation

of the proceeds of any such sale or conve.rance end ~n the

event that said Corn Exchange Bank ?nd Trust Company Shall

be unable for any reason to take or convey a good title to .

any such literary property which I shall le~ve at my death,

by reason of the same not being situated in the State of

New York, I give and bequeath any and all suoh property to

the person Who shall at the time of my death be President

of the Corn Exchange Bank 2nd Trust Company of New York

Oity, lew York,ss trustee, to sell, convey and dispose of

the same as soon as practicable under the direction and

with the approval of the Corn Exchange Bank and Trust Oomp­

any of New York City, New York, and in such case, such

trustee is directed to turn over the proceeds of any such

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sale to the Corn Exchange Bank find Trust Company of lfew

York Oity and the same to be held ond disposed of under

this will in all respects 88 though said Oorn Exchange Bank

and Trust Company had originally received and held said

property under the terms and provisions of this will.

(c) It is my will and wish and

I direot that the title to all of my said estate, literary

properties and writings, copyrights and renewals thereof

and all royalties, receipts, earnings, profits or othE'r

income derived from such literary property and every part

thereof and any and all monies realized from the sale of

part or all of the same shall be vested in and remain in

my said trustee until the actual sale, transfer, assignment

or payment thereof by it to the bm1eficlaries hereafter

named in this my lut will and testament, in the manner

hereafter indicated and tho same shall not be subject to

any debt or debts which may exist or hereafter be oreated

against any or all of said beneficiaries.

(d) Each and every beneficiary

under this trust is hereby restrained from And are and

shall be without right, power or authority to sell, transf. ,

pledge, mortgage, hypothecate, alienate, anticipate or in

any other manner effect or impair his, her or their benefic

ial and legal rights, titles, interests, claims nnd estate.

in and to the income and/or principal of this trust during

the entire t~rm horeof, nor shall the rights, titles,

interests and estates of any beneficiary hereunder be sub­

Ject to the rights or claims of creditors of any benefioia

nor SUbJect, nor liable to any process of law or court.

And all of the income and/or prinoipal under this trust

shall be transferable, payable and deliverable only solely,

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exolusively and personally to the designated berief101,ry

hereunder at the tine enti Hed to take the same under the

terms of this trust and thf\ personal receipt of the designa

ted beneficiary hereunder shall be a condition preced~nt to

the payment or delivery of the samfl by said trustee to

e~ch suoh beneficinry.

nm' I direot my trustee, the Corn

Ixchange Bank and Trust Company of New York City, New York

to divide the monies 1n such trust estate a$ aforesaid and

pay .ame to the following beneficiaries in the proportion.

hereinafter set forth.

a. One-half (1/2) thereof to ~

beloved Wife, PATRICE AMATI RUNYON, for ~nd during the term

of her natural 11fe.

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b. One-half (lip) thereof to my

beloved daughter, MARY RUNYON McCANN and my beloved son

DAMON RUNYON, JR. for and during the term of their natUl'al

lives, share and share alike, or to the survivor or them

for and during the term of his or her natural life.

c. Should my beloved wife,

PATRICE !MATI RUNYON predecease me orliie With me in a

comoon disaster, or dIe subsequent to my demise, her share

of the trust estate shlll11 go to my beloved daughter, MARY

RUNYON McCAJiN and my beloved eon DAMON RUNYON, JR., or the

survivor of the, for and during the terms of their natural

lives, share and share alike.

d. ShOuld both of my children,

MARY RUNION McCABN and DAIlOli RUNYON, JR., predecease me,

or die after my death, then and in that event, I direot

that the share of my trust estate hereinabove bequeathed to

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th8lll shall be paid to III.Y belaYed grandchild, RICHARD RUUOR

McCANN.

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e. The net income at such

trust fund available for distribution together .1th all

accumulations thereon shall be paid to the benefic1!'!r1es at

such trust fund as provided for herein, commencing one (1)

year from the date of my death; the sh~re of snch trust

fund to whioh my beloved wife, PATRICE AMATI RUNYON shall

be entitled to shall be paid to her in qunrterly install-

menta.

f. It is my will that my belov

daughter, AlARY RUNYON McCANN, my beloved son, DAMON RUNYON,

JR. shall not receive sums in excess of T~enty-flve Hundred

($2500.00) Dollars eI'l.ch pH yenr ~'nd suoh paJ'ml"ntll shall

be made in equal installments, not to exceed thp. sum of

Fifty ($50.00) Dollars per week to esch of the foregoing.

!lIXTij* In the event that my beloTed

grandchild, RICHARD RUNYON McCANN shall be entitled to a

sh!lre of the trust fund as above provided for herein, I

direct that my trustee shall hold the prinoipal and acoumul ­

ted inoome and interest therefrom until such time as my

grandchild shall have reached the age of twenty-one (21)

years, at which time I direct that my trustee pay to my

beloved grandchild, RICHARD RUNION McCANN the corpus ot the

trust fund to which he may be entitled, together with all

accumulations of inoome and interest for his own use foreTe •

(a) Anything herein to the

contrary notwithstanding, my trustee is specifically auth­

orised and empowered in its sole discretion, to advance,

from time to time, from the corpus of the trust fund to

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which my beloved grandchild, RIOHARD RUNYON lloCARR may. be

entitled, such sum or sums of money !lS my trustee may de8lll

adVisable for the comfort, health or eduoation of ~

beloved grandchild, RICHARD RUNYON MoCANN or to meet any

situation of distress or emergency without obtaining the

consent and instructions of any court, it beinr my will the

my bftloved grandchild, RICHARD RONYON MoCANJI during hiB

infanoy, shall not reoeive sums 1n e~cess of Twenty-five

Hundred ($2500.00) Dollars per y~~r and the same shall not

be in greater Inst~llments than Fifty ($50.00) Dollars per

week. Such payments shall be paid to the person h~vlng

custody of my grandchild, RICHARD RUNYON McCANN, ~lthout

the intervention or any guardian or or any cQurt.

RiImiD!: I hereh>' Ruthorize and elllp0lVer

my executrix hereinafter named to sell, mortgage or lease

any and all of my real estate or all)' interest thpreln for

any term of years or on any terms, ~ public or private sal, ~

or 1n any manner as she in her dlllcretion shall deem for th

beat interest of my estate without being required to obtain

an order of any oourt, and I authorize her to execute and

deliver good and suffioient instruments therefor to oarry

out the intention ot this provision.

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JIG~ma I hereby authorize and empower

Il'J1 exeoutrix to reta1n all shares of stock or any other

personal property not otherwlse speoifically bequeathed

herein of Which I may die possessed in the form in Whioh it

exists at the time of my death or to sell same at public

or private sale an~ upou·such terms an~ upon suoh prices

as she may deem it for the best interest of my estate,

without being required to obtain an order of MY court.

Ih!

...... .m.mm~~'.A~:~\~~;~~;~r;··~~U•.~~~:;~~~~~(ot ·fIIT ••tate, both real ind personal I give, d..vb. ant

bequeath to flIT beloTed wite, PATRICE AMATI RUNYON.

IENIaa I have 1n my life provided for mybeloved wife, PATRICE AMATI RONYON and for my beloved

daughter, MARY RONYON MoCANN and for my beloved son DAMON

RUNYON, JR. by insurance and otherwise.

iLEVEUTija I hereQy nominate, cpnstltute

and appoint my beloved wife, PATRICE AMATI RUNYON to be the

exeoutri~ of tills my last ~il1 ~nd test$~ent. My executrix

shall not be requll'ed to give a bond or lmderhking upon

qualifying as llUch 01' at any other time during the /ldmin­

ietration of my estat.e for the fai thfnl e.i!lch<>rge (If her

dntiee.

IN WITNESS f;HERF~F I h~ve hereunto subser ­

bed my name at the end hereof and senled theSe presents

and do publish and declare the foregoing as and for lllYLasf:'

j;y111 ~dTe.tament,th1s 1~~a'Y or,J~~r/194!S.

SIGNED, SEALED, POBLISEED and DECLARED by

the Testator, ALFRED DAMON RUNYON, to be. his Last WUl e<l1d

Testa.ment, in our presence, :;.nd we et his request, and in

his presence, end in the preseno€ of each other, h~ve sign

as witnesses this I :J7f:::"day of July, 1945.

)C;';1:2!:!;~.,e~~_residlngat / y£' cfc.{M.~. .e./.I."fl:~~~'&;;\""""4~,--resldinga "-'J...J.l4,.J;~~'"'"tIZJ.<l..l.d<la~""'~

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(B) 'All the rest, residue' a~nd

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I, ALFRED DA!\lrON RUNYON, also knavm as Dl:JJfOli

RUNYON, of NevI York, New York, do hereby make, publish and

declare this to be my Last lfVill and Testament.

1. I hereby revoke a.11 wills and codicils rnadeby

me at any time heretofore.

2. I direct that all of my just debts and my fun­

era.l expenses be paid as soon as practicable after my de-

cease.

3. Wllile I have already made adeqn,ate provision

f~or my former vlife ,PATRICE f-iliiATI RUNYOI'J , nevertheless, if

she survives me, I devise to her absolutely any interest of

which I may be possessed at death, in any home, and

to he·pany household effects therein.•

4. I give and bequeath to THE CHASE NATIONAL

OF THE CITY OF rEW YOR.K;-In Trust, any and all interest of

which I may die possessed in literary property, of any kind,

nature and description, vv-ritten, composed or produced

including, without limitation, all copyrights, all

or unpublished books, manuscripts, novels, stories,

verses, plays, and interests in motion pictures and photo­

plays, for the uses and purposes hereina.fter set forth:

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the net income of said property shall be paid to my daughter

MARY RUNYON McCM~N, during her lifetime, in monthly install­

ments not to exceed Two HQ~dred ($200) Dollars, beginn.ing

three (3) years after my death.

(c) Upon the death of PATRICE A)~TI RUNYON,

or if she predeceases me, her share in this Trust shall pass

to my daughter, WatRY RUNYON McCANN, In Trust, as herein pro­

vided. Upon the death of MARY RUNYON McCMJN, or if she pre­

deceases PATRICE AMATI RUNYON, this interest in the Trust

shall pass in absolute ownership to RICHARD RUNYON McCP~N,

the son of l\iIARY RUNYON McCMTN ,B$nd to my beloved son, DJ\...MON

RlINYON, JR., share and sh'are alike. I Etuthorize and empoliirer

the Trustee in its discretion to hold the property so vested

in RICHp~RD RUNYON McCA~IN" or any pairt thereof, in a sep:arate

fund for his benefit, and- to investa...~(l reinvest the same,

collect the income~therefrom, and during his Ininority to

apply so lTIuch of the princip'al thereof and so much of" the ne

income therefrom and any accumulated income to his support,

education and maintenance as the Trustee shall see fit, and

to accumulate, invest and reinvest the balance of said in­

come 1illtil he shall attain the a~ge of t\zventy-one (21) years,

and thereupon pay over the then principal together with any

aCCUID111ated income, to hirrre The ~tuthority conferred tlpOn th

Trustee by this prOVision shall be construed as a po~er only

a,nd shall not opera.teto suspend the ~1bsolute oV~Illership of

this property by RICHARD :RUNYON McC.ANl'J or to prevent the

absolute vesting thereof in him. With respect to any such

property wh.ich sha.ll vest in al)solu·te ownership in RICHARD

RUNYOl\T l"IcC.Alrr\} but 11\Jhich sl1a-l1 be b.eld by the Trustee as

authorized ?erein, the Trustee shall have all the powers

conferred by the provisions of this my V\Till,

out limitation, povver to reta.in, invest and reinvest,

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being limited to inv·estments autl'lorized by law- for trust

funds;. B.nd the Trustee shall be entitled to conunissions a.t

the ratesclncl in the InEtnner payable to testamentary trustees.

CD) Upon the cleath 'of MltRY RUNYON ]lfcCAIJ~J, or

if she predeceases me, one-ha.lf Ct) of l1er interest in tl'lis

Trust shall pass to RICHARD RUNYON McCANN, In Trust, to be

accumulated and held until heatta.ins the e~ge of twent:>r-one

(21) years, at which time this interest shall vest in him

in absolute ovvnership, and the Trust shall forthwith termin-

a~te. The other half sha.ll pass to DAMON RIDJYOIxJ-7 JR., in

absolute o~nership.

(E) If RICHARD RUNYON McCAr~~ does not attain

the age of tv\renty-one (21) yea,rs, or if he pred,ec.ea.ses

PATRICE M~ATI Rm~YON or MARY RUNYON McCP~N, then his inter­

est in this Trust shall pass to DP~ON RUNYON, JR., in ab~

solute owner~hip, or if he predeceases RICHARD RUNYON McCANN

to the surviving issue of DAMOl~ Rm\TYOI~, JR., in. a.bsolute

01l\mer shiI) It

(F) If during the lifetime of rJIARY RUNYOI~

McCANN the income of her interest in this Trust exceeds the

sum. of Three Hundred ($300) Dolla.rs per montl!, the Trustee

is empowered in its discretion to apply so much of the

excess.income as it sees fit to the care and maintenance of

DAMON RUNYON, JR., if in said Trustee's opinion and dis­

cretion he is in need of SllCh 8Jssistance.

5. I give and bequea.tb. to TIlE CHAS:E NftTIOI'JAL Bl-iNK

. OF THE CITY Ol=i1 NEVI YORK, In l.rrust, a.ll other personal pro­

perty of whicl'1 I may die possessed, includ.ing deposits in

banks or in safe deposit boxes, jewelry, horses, securities,

and claims of all kinds, for the u:ses and purposes herein­

ctfter set forth:

(A) To convert all of said property into cas ,

to invest and reinvest the same, and to pcty MA.RY RUNYON

:llilcCltI\Tl\T a~ SUlU froln principa,l or income not to exceed TViIO

Hundred ($200) Dollars per month during her lifetime.

(B) Upon the death of l\lIARY RUNYON McC.AlJI\],

tIle Trustee shall hold a.nd acclliI1ula te the relua.ining fun.cis

until RICHA.RD RUNYO~N' lVicCANI'J clttains tl1.e 8.,ge of tvv'enty-one

(21) years, at which time the entire interest shall vest in

him in absolute ownership. If- RICHA~RD RillIYON M:cCANN shall

predecea.se ivIARY RmJYOr~ IVlcCA-NI\f, or if he shall not live to

attain the a..ge of· tvventy-one (21) years, th.en th[it interest

in trlis Trust shall pass to DAMON RUI\TYON, JR. in absolllte

owners~ip, or if the latter predeceases RICHARD RUNYON

MCCF~ThT, to the surviving issue of DAMON RUNYON, JR., or in

default thereof, to his estate.

6. The sum

Trusts herein. provided, shall not in the aggregate exceed

Tvro Hundred ($200) Dolla~rs per nlonth, unless additional

in the opinion of the Trustee, are necessary for the care

support of MARY RUNYON McCANN in the event it becomes nece

sa,ry to CB,re for her in an institution. It is my earnest

desire that her brother, DM[ON RUI'JYON, JR., be continued Cl.S

her guardiaJn so long ctS she is incapa,ble of ha~ndling her

a~ffairs" haJving demonstrated the grea,test solicitude and

brotherly affection in caring for' her.

7. Tl'1s interest of the beneficiaries in the

heretofore provided s ba,ll not be a.ssignable or

nor shall such interest be subject to the claims

respective creditors in any manner. If any such

attempts to cLliena.te b.is or her interest, or becomes bank­

rupt, or if creditors attempt to rea,ch the interest by any

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process, the interest of the beneficiary shall terminate

and thereupon devolve as is herein provided in the event

of the death of such beneficiary.

8. I appoint THE CHASE NATIONAL BANK OF THE CITY

OF NEW.YORK Executor under this my Last Will and Testament$

9. I hereby give and grant to my Executor and

Trustee, a,nd the successor or successors of them, the follovv

ing power and authority, which may be exercised at any time

and from time to time as said Executor and Trustee shall in

its absolute discfetion deem advisable:

(A) To retain any property constituting a

part of my estate at the time of my death, whether or not

the sa.me sl1.all constitute so-ca.lled legal investme11ts for

Trustees under the lavv' 'Vvhich sha~ll be a,pplica.ble to invest­

ments by my Executor and Trustee, and further I authorize

my Trustee to accept from my Executor and retain any such

property.

(B) To invest and reinvest as and when they

see fit, and, in rl1aking investments and reinvestments, to

invest in such securities and/or other property as they may

choose in' their discretion, specifically including stocks,

whether common or preferred, bonds, notes or other evidence

of indebtedness, vlhether secured or "LLnsecured., 1Jvithout re­

gard to the law applicable hereto or to the law of any other

State regulating securities and/or other prop"erty ~vhicl1. Ex­

ecutors and/or Trustees may commonly purchase.

(c) To sell, exchange, partition or otherwise

dispose of any property of which I may die sei'zed

sessed, or v\fhich mcty 3,t any time form part·

any trust created hereby, at public or

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purposes ·and upon such terms, including sales on credit,

with or without security, in such manner, and at such price

as they nlay determine.

(D) To renew or extend the time of payment

of ctny obliga,tion, secured or unsecured, paya~ble to or by

my estate or any trust created hereby,. for a.s lOl1.g .a period

or periods of time, an d on such terms, a.,s they may deter­

mine; and to adjust , settle, compromise and arbitra.te

or demands in favor of or against my estate or any trust

createcl hereby, upon such terms clS they may deem advisa.bleo

(E) Whenever a division or distribution of

my estate or any trust created hereby is required or per­

mitted, to make such division or distribution in kind or in

money, or in part kind and part money.

(F) To engage attorneys, accountants, agents

custodians, clerks, investment counsel, and such other per­

sons as' they may deem .advis.able in the administration of my

este..te and any trust created hereby, and to make such pa~y­

ments therefor as they may deem reasonable, and to charge

the expense thereof to income or principal as they may de­

termine, and to delegate to such persons any discretion

which they may deem proper.

(G) All of the foregoing powers which I

have expressly authorized and empowered my Executor and

Trustee to exercise shall be construed to be in addition to

and not in limitation of any powers which they may have

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according to law.

Signed, sealed, published 'ctnd declcLred by J\_LFRED

DAMON RUNYON, also known as DAMON RUNYON, the. testator above

named, to be his last 1JJill a~nd Testa~ment, i.n our presence,

'and we, at his requesta.nd in his presence, and. in the pres-

ence of each other, have hereunto subscribed our names as

witnesses this ~r1:v day of August, A" D.. 1946.

~

IN liVITl\TESS WllEREOF, I sign, publish, seal Bwnd de­

clare this as my Last Willa.nd Testament, in the presence of

the persons witnessing it at my request this ~o ~day of

August, A. D. 1946.