Salem Community Patriot

May 21, 2010 - 9

Piece of the Pie

Maintaining Your

The Basic Terms Of A Will (Part 1)

This week’s article covers the basic content of a Will

The Preamble: Most wills have a “preamble” (or introduction),

which refers to the Testator2 (person making the will) being of sound mind, and revoking all prior Wills. The statement about “being of sound mind” is not an absolute; if there is proof later that the testator was not mentally competent at the time, the Will is not considered valid. The statement of revoking all prior Wills shows the testator’s intent

to have the Will he/she is signing take priority over any past Wills. Of course, if the most current Will is later proved to be legally invalid, the next most recent valid Will becomes effective, and the Testator’s property will be distributed accordingly. My Will form contains a description of marital status and names of spouse and children in the preamble; this is not required, but I find it to be useful and informative. It also eliminates the possibility that the Testator “forgot” to include a child in the Will, since all of his/her children are specifically named in the preamble. Appointment of An Executor: The next term in a Will is the appointment of an Executor3, who is the person the Testator names in the Will to handle the estate when the Testator dies. The Executor can be a spouse or other relative, but I recommend that the named Executor be able to handle finances, as well as people! Also, it is important to name an alternate Executor, in the event that the first person named either dies before the Testator, does not want to serve as Executor, or does not qualify. Expenses and Debts: The next section of my Will form covers expenses of last illness, funeral costs, and expenses of the estate. These expenses must be paid prior to any distribution to the named beneficiaries. The Property Distribution: The most important section of the Will

covers the distribution of the Testator’s property. First, the Testator can list specific items which will be given to specific persons; this is optional. Second, the Testator can give the balance of (or all) property to a named beneficiary or beneficiaries. Normally, when a Testator is married with children, all property is given to the spouse; if the spouse dies prior to the Testator, then normally, the Testator would leave all property to the children in equal shares, “per stirpes”. “Per stirpes” means that if a child dies prior to the parent/Testator, that child’s children will inherit the child’s share, and divide it equally. For example, a Testator has 3 children, and leaves all property to the children in equal shares, per stirpes; 1 child predeceases the Testator, leaving 2 children. The surviving 2 children inherit 1/3 each; the Testator’s 2 grandchildren split the remaining 1/3 share, so that each inherits 1/6th. Next week’s article (Part 2) will cover the remaining basic terms of a

Will.

1These comments will focus on New Hampshire law. 2 The female is

referred to as the Testatrix, but to keep things simple, all further references to Testator cover both males and females. 3 The female is referred to as the Executrix, but again, I will refer to Executor to cover both males and females.

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Thumbs Up?

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Comments expressed in this column are the sole views of those callers and do not reflect the views of the Area News Group or its advertisers. Town and school officials encourage readers to seek out assistance directly to resolve any problems or issues. The Area News editorial staff holds the right to refuse any comment deemed inappropriate.

“Thumbs down to the person who claimed in the last edition that the town of Salem, NH has a leash law. The town of Salem does NOT have a leash law. Contact the town's Animal Control Officer, Kelly Demers, and he will confirm that there is no leash law in Salem!”

“Thumbs down to parents who have

their young kids in Salem Baseball and just drop their kids off thinking its a free hour or two for them. Please remember that the coaches are VOLUNTEER. They are there to teach your children the rules and strategies of the game NOT to BABYSIT your kids. Don't you think your child would like knowing they have their own cheering section? Get involved! The coaches do not get paid to watch them. Not to mention what if an accident happens and the parent is nowhere to be found? Who are you going to blame the coach? Please stay with your child during practices and games.”

“Thumbs up, a big ‘thumbs up’ to the very polite young ladies and men going out

and getting the information from those who forgot to return the census forms. They are very polite and caring. The one that came to my home treated me with respect and dignity.”

“Thumbs up, way Up to Katherine F. for the kind gesture of giving me her Salem High School Blue Devils card that offers discounts to local eateries and businesses. Your kindness warmed my heart just as much as the free Whopper with the purchase of a large fry and large drink warned my stomach.”

“Thumbs down to Chairman Azarian at

the Tuesday May 4 variance meeting on granting variance to the Norton property on North Main Street to keep his tractors on his property . On watching, it was quite clear that Chairman Azarian intimidated the new board member, McDougall by staring him down to persuade him not to grant this. Shame on you Mr. Azarian lots of us were watching.”

Salem Police Log

4/15/08 2:38:14 PM

33 Indian Rock Rd. (Rte 111) │ Windham, NH 03087

We have many adorable dogs

May 22nd

Sky

Tuesday, May 11: 12:06 a.m. Theft, South Broadway, theft of wallet, report taken. 1:31 a.m. Assist other agency, Methuen (MA) Police, Methuen PD in pursuit of stolen vehicle, took exit one, then Route 38 towards Pelham, Pelham PD notified. 2:23 a.m. Suspicious vehicle, Northeastern Boulevard, no action. 8:12 a.m. Trespassing, Cluff Crossing Road, picketers on sidewalk, picketers removed by police. 9:13 a.m. Motor vehicle accident, Cluff Crossing Road. 10:38 a.m. Arrest, Geremonty Drive, arrested Scott Sullivan, 19, Salem, Stalking, Default of Bail Conditions. 12:35 p.m. Hit and run, Veterans Memorial Parkway. 12:53 p.m. Criminal threatening, South Broadway. 2:54 p.m. Suspicious activity, Zachary’s Crossing and Route 111. 3:17 p.m. Dispute, Cluff Crossing Road, misunderstanding, officer reports all set. 3:28 p.m. Motor vehicle accident, Merrill Avenue, no injury, both vehicles in the driveway. 3:44 p.m. Hit and run, Veterans Memorial Parkway, investigated. 5:40 p.m. Motor vehicle complaint, Lowell Road and Brady Avenue, vehicle traveling at extremely high rate of speed passing other vehicles, suspect located. 5:45 p.m. Criminal mischief, Howard Street. 6:53 p.m. Motor vehicle accident, Main Street and South Broadway. 7:04 p.m. Fire works complaint, Millville Circle. Wednesday, May 12: 5:11 a.m. Domestic, serious injury, fire transporting to hospital, may have been burglary as well, grandmother on scene to take 3 year old. 10:34 a.m. Assist fire department, Beatrice Road, Fire Department making forced entry due to well check, report taken. 1:17 p.m. Criminal threatening, Chase Street, threatening emails. 2:05 p.m. Suspicious persons, East Broadway, arrested Eric Hopkins, 25, Jackson, MS, Selling on State Property Without a License; Fabian Griggs, 19, Minneapolis, MN, Selling on State Property Without a License. 2:41 p.m. Domestic, one subject taken to hospital. 2:48 p.m. Theft, Mall Road, arrested Atitya Mujassim, 33, Methuen, MA, Shoplifting. 3:00 p.m. Theft, South Broadway. 3:43 p.m. Burglary, Cross Street, investigated. 6:24 p.m. Soliciting, Brookwood Drive, arrested Kyle Larkins, Queens, NY, Selling on State Property Without a License. 6:26 p.m. Theft, Mall Road, theft of purse. 6:28 p.m. Suspicious person, South Broadway. 6:31p.m. Warrant arrest, Veterans Memorial Parkway, juvenile arrest, Warrant for Harassment. 7:31 p.m. Theft, Cluff Crossing Road, arrested Kaila Sweetser, 19, Theft, Unlawful Possession of Alcohol. 7:42 p.m. Harassment, Barron Avenue, Harassing phone calls. 10:26 p.m. Suspicious activity, North Broadway. Thursday, May 13: 2:48 a.m. Domestic, arrested Robert Bick, 44, Salem, Simple Assault. 5:26 a.m. Suspicious activity, Brown Avenue, vehicles broken into overnight. 8:32 a.m. Warrant arrest, Veterans Memorial Parkway, arrested Amy Sandner, 28, Methuen, MA, Warrant for Shoplifting. 12:28 p.m. Theft, Lancelot Court. 12:54 p.m. Dispute, Mall Road. 1:39 p.m. Soliciting, Dyson Drive and North Policy Street, caller reporting the magazine salesmen are back, officer reports nine in custody, arrested Kyle Lantz, 49, Memphis, TN Disobeying Police Officer, Driving After Revocation. 2:20 P.M. Soliciting, Deerfield Street, magazine sales people going door-to-door, aggressive behavior reported. 2:32 p.m. Fraud, Mall Road. 4:41 p.m. Harassment, Hutch Road, harassing phone calls. 4:47 p.m. Motor vehicle accident with injury, South Broadway. 5:40 p.m. Dispute, Millville Circle, peace restored. 6:19 p.m. Theft, Mall Road, theft of $600 worth of products from Bath and Body Works. 7:39 p.m. Motor vehicle accident with injury, South Broadway, van into a stone wall, driver is not getting out of the vehicle, summons issued. 8:04 p.m. Suspicious persons, Riversedge Drive. Friday, May 14: 8:29 a.m. Assist other agency, Lowell Road, Boston (MA) Police request check for vehicle possibly repossessed and in Salem, vehicle located. 10:40 a.m. Criminal mischief, Shadow Lake Road. 1:13 p.m. Fraud, Autumn Woods Road, credit card fraud. 5:18 p.m. Suspicious persons, Route 93, kids squirting squirt guns at other vehicles on the highway.

anxiously awaiting their forever homes.

Won't you please join us at our

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To see a complete listing of our dogs, please visit

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6:05 p.m. Motor vehicle accident, Main Street. 6:10 p.m. Theft, Main Street. 8:34 p.m. Criminal threatening, Campbell Street. 11:02 p.m. Assault, Lawrence Road and Cole Street. Saturday, May 15: 10:34 a.m. Warrant arrest, Londonderry Police, arrested Joseph Summa, 44, Derry, Warrant for Fraudulent Use of a Credit Card. 11:14 a.m. Criminal mischief, North Main Street. 11:25 a.m. Stalking, Veterans Memorial Parkway. 1:07 p.m. Shots fired, Main Street, subject with firearm counseled. 2:32 p.m. Theft, Cluff Crossing Road, arrested Steven Feldhouse, 19, Tewksbury, MA, Shoplifting. 3:14 Dispute, Macfarland Road, civil issues. 4:21 p.m. Suspicious activity, Wildwood Lane, family issue. 5:12 p.m. Assist fire department, Independence Drive, report taken. 7:14 p.m. Dispute, Cluff Road, arrested Charles Cioffi, 42, Assault, Possession of Controlled/Narcotic Drugs. 11:51 p.m. Criminal mischief, Henderson Circle. Sunday, May 16: 1:12 a.m. Suspicious person, South Broadway, subject is intoxicated, officer giving subject a ride home. 8:13 a.m. Motor vehicle complaint, Zion Hill Road and Bluff Street. 11:11 a.m. Damage to property, Main Street. 11:14 a.m. Motor vehicle accident, Main Street. 12:47 p.m. Harassment, Mall Road, peace restored. 1:46 p.m. Unwanted subject, Lawrence Road, subject left for the day. 2:54 p.m. Theft, North Policy Street, theft of purse. 3:01 p.m. Suspicious vehicle, South Broadway, car show no issues. 8:15 p.m. Motor vehicle complaint, Route 111 and Ermer Road. 10:12 p.m. Warrant arrest, Veterans Memorial Parkway, arrested Maribel Jimenez-Dematias, 39, Warrant for Assault and Criminal Mischief.

PUBLIC NOTICES

Notice of Sale

Under RSA 382-A:9 and RSA 205-A:4-A of Manufactured Housing

The following described manufactured housing will be sold for storage charges on June 1, 2010 at 3:30 p.m. at 57 End Street, Salem, New Hampshire.

Make: Serial No.:

1970 Artcraft, FL CK RB 12x56 ANE620129

Said manufactured housing is subject to storage fees based up on eviction of the unit form Ackerman’s Retirement Park, Inc. Owner of unit: George Pelich and Christine Pelich. See Salem District Court Docket No. 10-LT- 29. Writ of possession issued March 31, 2010.

Said sale is subject to any taxes or liens which may take precedence over the sale for storage fees.

Successful bidder will be require to removed the unit from its present location.

Terms of Sale: Cash.

Mobile Courts, Inc., Glenn N. Gidley, Manager

Town of Salem

Planning Division

PLANNING BOARD AGENDA FOR MAY 25, 2010 MEETING 7:00 PM, Knightly Meeting Room, Salem, NH Town Hall

OLD BUSINESS 1. Solloway – ice cream shop – Kelly Rd.

NEW BUSINESS 1. Krystal Ballroom – change of use – So. Broadway 2. Tuscan Kitchen – change of use – Willow St.

3. Tuscan Kitchen – expansion of restaurant and parking – Main St. This agenda is subject to change.

2080 to confirm agenda items.

TOWN OF SALEM

BUILDING PERMITS ISSUED WEEK OF

19 Main Street Salem Realty LLC, 19 Main Street, 5-10-10, BL-Residential-ADD/ALT, $45,000 Dana J. & Kathleen M. Boylan, 33 Lucille Avenue, 5-13-10, BL-Residential-ADD/ALT, $20,000 Christopher P. & Karen S. Rigazio, 11 Stanwood Road, 5-10-10, BL-Deck, $0 KLN construction Co., Inc., 38 Shore Drive, 5-12-10, BL-Residential-Foundation, $120,000 Joseph M. Dattilo, 30 Ackermans Trailer Park, 5-14-10, BL-Res-Manufactured-Home, $65,000 Archie E. Deflorio, 135 Hooker Farm Road, 5-11-10, BL-Miscellaneous, $20,000 Paul Welch, 69 Salem Street, 5-10-10, BL-Pool, $0 Edwary & Patricia George Trustees, 5 Cortland Drive, 5-13-10, BL-Pool, $0 J & S Investments LLC, 7 Willow Street, 5-10-10, BL-Commercial-Raze, $25,000 VFW Post 8546, 42 North Broadway Street, 5-14-10, BL-Commercial-Repair, $1,000 Kevin R. & Eunice Miller, 44 Barron Avenue, 5-10-10, BL-Residential-Repair, $2,000 Richard J. & Janice Demarco, 17 Parker Circle, 5-10-10, BL-Residential-Repair, $22,000 Steven J. Blackington and Leah Ordway, 146 Millville Street, 5-11-10, BL-Shed, $5,000 Thomas G. Laplume, 3 Frary Street, 5-11-10, BL-Shed, 0

Please call the Planning Office at 890-

“Thumbs down to the “Thumbs up/

”Thumbs down section. Ever since you started obviously editing the entries for political correctness and whether we hurt peoples feelings or not, it was much more interesting to read and I looked forward to it. Now it’s very bland and boring. Bring back the honest opinions, unedited.”

“Thumbs up to Mike Glander for his intelligent response to the two men who obviously have no interests in anything other than the Democratic party.”

Tank you for your submissions. All comments, thumbs up or down, are anonymous and not written by the Area News staff. Tumbs comments can be sent via telephone, 880-1516 or emailed to us at thumbs@areanewsgroup.com. When submitting a Tumbs comment, please specify that you would like it printed in the Salem Edition. No names are necessary. Please keep negative comments to the issue. Comments should be kept to 100 words or less.

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SPECIAL

Photos courtesy of Beaver Valley Farms

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