Agreement as to future disposition of property.
This agreement between _________ and _________, husband and wife, of _________, is made _________, this _________, 19__.
Husband was sole owner of certain real estate which he caused by proper conveyance to be transferred to himself and wife as tenants by entirety, in consideration and upon the agreement that the survivor should by will devise all of it as well as all other property real and personal remaining at their death to _________, _________, _________ and _________, the four children of _________(the last three named being the children born to the parties), in equal proportions or to the descendants of such of above-named children, per stirpes.
The parties conveyed certain real estate so transferred to them as above stated to _________ company, a corporation organized under the laws of the state of _________, each of the parties taking certain shares of the capital stock of company for consideration of the real estate so conveyed.
It is the purpose and intention of the parties that all of their property held jointly or as tenants by entirety as well as all other property held individually, including personal property and the shares of stock in company coming to the parties on account of the conveyances to company, be at the death of the survivor, transferred or devised equally to the four children of _________ or to the descendants of such children as are not living, per stirpes.
Husband has executed his will and testament of this date devising all of the real and personal estate of which he may die seized and including all of the shares owned by him of the capital stock of company in trust for the use and enjoyment of wife if she should survive him, for and during her natural life, and at her death equally to his four children or the descendants of such as may not be then living, per stirpes:
Therefore, pursuant to the agreement and for the consideration of the real estate so conveyed to wife and for the shares of stock in company growing out of these transactions and of the benefits derived and to be derived, wife agrees in event of her surviving husband to abide by provisions made for her in the last will and testament of her husband and in any event to convey by her last will and testament, whether she survives her husband or not, all of the real estate so received by her from husband as above stated, together with all of the shares of stock in company, equally to the four children or to the descendants of such as may not then be living at the time of her death, per stirpes.
Husband also agrees, if he survives wife, to convey in his last will and testament all of the real estate and personal property received from his wife equally to the four children or to the descendants of such as may not then be living, per stirpes.
Wife states that she read the last will and testament of her husband bearing this date, and that she is familiar with the terms and conditions of it, and she has entered into this agreement without fear or coercion of her husband and of her own free will and in conformity with the agreement and the promise when the real estate and personal property was received by her from her husband as set forth above. The parties agree that the property so held by them as tenants in entirety or the personal property coming to them from the transfer of it to company is held in trust by them for the four children or their descendants, and that the essence of this contract shall be for the equal benefit of the four children as named above.
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