1. LAST WILL AND TESTAMENT
OF
HAROLD CARTER
Introductory Clause. I, HAROLD CARTER, residing in Mecklenburg County, North
Carolina, declare this to be my Will, and I revoke all former wills and any amendments to them.
I am married to WILMA CARTER.
I have three living children: AMANDA C. DELANEY, born June 1, 1981, BRIAN B.
CARTER, born April 1, 1992, and CARRIE C. CARTER, born March 1, 2001.
ITEM I
Direction to Pay Debts and Pay All Taxes. I direct that all my legally enforceable
debts, secured and unsecured, be paid as soon as practicable after my death. I direct that all
estate, inheritance, succession, death or similar taxes assessed with respect to my estate herein
disposed of, or any part thereof, or on any bequest or devise contained in this my Will, shall be
paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary,
transferee or owner of any such property or interests in property included in my estate for such
tax purposes.
ITEM II
General Bequest of Personal and Household Effects With a Precatory
Memorandum. I give all my tangible property to my wife, WILMA CARTER, if she survives
me. If she does not survive me, I give my tangible personal property to my children, to be
divided among them in approximately equal shares. My Executor shall have discretionary power
to dispose of selected items by sale, donation, or otherwise, and the proceeds of any sale shall be
part of the balance of my estate. Any action taken by my Executor pursuant to the provisions of
this Item shall be conclusive upon all persons interested in my estate. Also, I may make a list of

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specific items of tangible personal property specifying my wishes as to those items. I request
that any such list be honored as an amendment to this Will if it is found with this Will or within
thirty days after my death. Items may be delivered to the Guardian of a minor beneficiary for
safekeeping until the beneficiary attains the age of majority.
ITEM III
Residuary Disposition. I give all the rest of my property and estate to my wife,
WILMACARTER, if she survives me. If she does not survive me, I give the rest of my
property and my estate to my children, in equal shares. The share of any deceased child shall be
paid to the child’s then living children, if any, or if none, to my surviving children. The inter
vivos gift of real property located in Southport, North Carolina that was given to my daughter,
AMANDA C. DELANEY, shall be taken in to consideration as an advancement against her
inheritance. My Executor will divide the property in equal shares at his absolute discretion after
consultation with my children.
ITEM IV
Naming the Executor, Executor Succession, Executor’s Fees and Other Matters.
The provisions for naming the Executor, Executor succession, Executor’s Fees and other matters
are set forth below:
(1) Naming an Individual Executor and Executor Succession. I hereby, nominate,
constitute and appoint as Executor of my Last Will and Testament WILMA CARTER and
direct that she shall serve without bond. If my individual Executor should fail to qualify as
Executor hereunder, or for any reason should cease to act in such capacity, the successor or
substitute Executor who shall serve without bond shall be STEPHEN EASTON. If my
individual successor Executor should fail to qualify as Executor hereunder, or for any reason

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should cease to act in such capacity, then the successor or substitute Executor who shall also
serve without bond shall be AMANDA C. DELANEY.
(2) Fee Schedule for Individual Executor. For its services as Executor, the individual
Executor shall receive reasonable compensation for the services rendered and reimbursement for
reasonable expenses.
ITEM V
Powers for Executor.By way of illustration and not of limitation and in addition to any
inherent, implied or statutory powers granted to Executors under North Carolina General Statutes
Chapter 28A, my Executor is specifically authorized and empowered with respect to any
property, real or personal, at any time held under any provision of this my Willtoexercise all the
powers in management of my Estate which any individual could exercise in the management of
similar property owned in his or her own right, upon such terms and conditions as to my
Executor may seem best, and to execute and deliver any and all instruments and to do all acts
which my Executor may deem proper or necessary to carry out the purposes of this my Will,
without being limited in any way by the specific grants of power made, and without the necessity
of a court order.
ITEM VI
Provision for Executor to Act as Trustee for Beneficiary Under Age Twenty-One.If
any share or property hereunder becomes distributable to a beneficiary who has not attained the
age of Twenty-one (21) years or if any real property shall be devised to a person who has not
attained the age of Twenty-one (21) years at the date of my death, then such share or property
shall immediately vest in the beneficiary, but notwithstanding the provisions herein, my Executor
acting as Trustee shall retain possession of the share or property in trust for the beneficiary until

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the beneficiary attaints the age of Twenty-one (21), using so much of the net income and
principal share or property as my Executor deems necessary to provide for the medical care,
education, support and maintenance in reasonable comfort of the beneficiary, taking into
consideration to the extent my Executor deems advisable any other income or resources of the
beneficiary or his or her parents known to my Executor. Any income not so paid or applied shall
be accumulated and added to principal. The beneficiary’s share or property shall be paid over,
distributed and conveyed to the beneficiary upon attaining age Twenty-one (21), or if he or she
shall sooner die, to his or her executors or administrators. My Executor as trustee shall have
with respect to each share or property so retained all the powers and discretions conferred upon it
as Executor.
ITEM VII
Definitions of Family.The following definitions shall be used to define the family:
Definition of Children. For purposes of this Will, “children” means the lawful blood
descendants in the first degree of the parent designated; and “issue” and “descendants” mean the
lawful blood descendants in any degree of the ancestor designated. The terms “child,”
“children,” “issue,” “descendant,” and “descendants” or those terms preceded by the terms
“living” or “then living” shall include the lawful blood descendant in the first degree of the
parent designated even though such descendant is born after the death of such parent.
ITEM VIII
Provision for the Appointment by a Married Person of a Testamentary Guardian.
If my wife shall predecease me, or if my wife dies after my death without having appointed a
testamentary guardian for any minor child or children of ours, then I hereby nominate, constitute
and appoint, GINNY C. GARDINER as testamentary guardian of the person and the property of

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such minor child or children and to the extent allowed by law direct that such guardian shall
serve without bond.
ITEM IX
Condition of Survivorship for Ninety Days.If any beneficiary shall die simultaneously
with me or in such circumstances that there is not sufficient evidence to determine the order of
our deaths, or if any beneficiary shall not survive me by ninety (90) days, then it shall be
presumed that I survived such beneficiary and the provisions of this will shall be construed on
that assumption, unless otherwise provided herein.
Testimonium, Attestation and Self-Proving Affidavit. I, HAROLD CARTER, the
Testator, sign my name to this instrument this November 8, 2012, and being first duly sworn, do
hereby declare to the undersigned authority that I sign and execute this instrument as my last will
and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein
expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint
or undue influence.
_________________________
HAROLD CARTER
Signed, sealed, published and declared by the said Harold Carter 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 do hereto set our hands as witnesses.
_________________________
(Witness)
_________________________
(Witness)

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STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
Subscribed, sworn to, and acknowledged before my by HAROLD CARTER, the
Testator, and subscribed and sworn to before me by ___________________________ and
__________________________, witnesses, this November 8, 2012.
______________________________(Seal)
Notary Public for North Carolina
My Commission Expires:______________________

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MEMORANDUM
TO: Richard Marsh
FROM: 49033353
DATE: October 26, 2012
RE: The Last Will and Testament of Harold Carter
(1) Vanguard 401(k) Account. This 401(k) account should pass through the will unless
there is a beneficiary named. Mr. Carter does not appear to have chosen a beneficiary for this
retirement plan. The benefit of Mr. Carter having designated a beneficiary would have been to
avoid the account passing through probate. Similarly the Merrill Lynch Account is not a tax
qualified retirement account and does not have a named beneficiary or Payable-on-Death
designation, therefore it will also likely pass through the will.
(2) Engagement Ring.Under North Carolina law, a gift of an engagement ring is
conditional upon marriage. If the couple gets married the engagement ring becomes property of
the wife but if the couple does not get married the ring does not officially become the property of
the ex-fiancée. In this case, Harold and Wilma Carter were officially married and remain
married at the time of this drafting, therefore making the ring the property of Wilma Carter’s to
dispose of as she wishes. This engagement ring will not pass through Harold’s will. Wilma can
set forth this request in her will if it is her desired testamentary intent.
(3) Southport, NC, Property. Item III in the will is drafted to include this piece of
property to be counted as an advancement in Amanda C. Delaney’s inheritance. It is relatively
apparent this piece of property is going to be an inter vivos gift from father to daughter in the
near future. N.C.G.S. § 29-24 makes clear, “A gratuitous inter vivos transfer is presumed to be
an absolute gift and not an advancement unless shown to be an advancement.” Mr. Carter

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clearly wants the Southport property to be shown to be an advancement and should take the
necessary steps to assure that it is so, otherwise it could pass through the will, which are clearly
not Mr. Carter’s testamentary intentions.
(4) 1234 Redmond Street Property/1234 Green Street Property.A tenancy by the
entirety can only be created by married persons. This allows spouses to own together as a single
legal entity. Upon the death of one of the spouses, the decedent’s interest in the property goes to
the surviving spouse. Mr. Carter’s interest in this property will pass to his wife upon his death
and not pass through the will.
END OF MEMO