Investigating Officer(s): Det. S. Murphy. Det. E. Parker
Incident No.: 003972-25K-2012
Case Description: Monica Drum Homicide Investigation
Evidence item 003972-32: One (1) Last Will and Testament of Monica Drum, recovered from the victim's safe deposit box in Memphis, TN.
LAST WILL & TESTAMENT OF
MONICA AMIE DRUM
I, Monica Amie Drum, residing at 660 North 6th Street, Oxford, Mississippi 38655, being of sound mind and in the contemplation of the certainty of death, do hereby declare this instrument to be my Last Will and Testament. I hereby revoke all previous wills and codicils.
I declare that I am unmarried as of the date of this Will. I further declare that I have no children born to or adopted by me.
Debts and Expenses
I direct that all of my legally enforceable debts, funeral expenses and estate administration expenses be paid as soon after my death as may be practicable, except that any debt or expense secured by a mortgage, pledge or similar encumbrance on property owned by me at my death need not be paid by my estate, but such property may pass subject to such mortgage, pledge or similar encumbrance.
I direct that all estate, inheritance, legacy, transfer, succession and other death taxes or duties (together with interest and penalties thereon, if any) that are levied or assessed upon or with respect to any property included as part of my gross estate, whether such property passes under the provisions of this Will or otherwise, shall be paid out of my residuary estate as an administrative expense, without any proration or apportionment that might otherwise be required by law.
A. To the individuals listed below, I give and bequeath the following:
1. To my friend Nicole Grayson of 162 Courthouse Square, Oxford, MS, if she survives me, my entire Elvis collection including: "The King Cologne", Graceland Pen, Elvis Air Freshener, Elvis Playing Cards, "Love Me Tender Conditioning Shampoo", Some of His Majesty's Mane, The King Lights Up My Life-Elvis Matches, Salt and Pepper Shakers. Also Elvis 45 records including: Kiss Me Quick / Suspicion, Yellow RCA Golden Greats Label, Crying In The Chapel / I Believe In The Man In The Sky, Yellow RCA Golden Greats Label, Burning Love / It's a Matter of Time, RCA Orange Label, 1972.
2. To my friend Lori Schultz of County Road 117, Soap Lake, WA, if she survives me, my amethyst and gold Victorian pin. It was my most valuable possession, and I want my most valuable friend to have it.
3. To my goddaughter Jessica Shaffer of 1201 Hawk Street, Cincinnati, Ohio, if she survives me, $10,000.
B. If any of the individuals named in this Article IV do not survive me, then the bequest to such individuals shall lapse and the same shall become a part of my residuary estate, to be distributed as hereinafter provided in Article V of this Will.
All the rest, residue and remainder of the property that I may own at the time of my death, whether real, personal or mixed, of whatever kind and nature and wherever situated, including all property that I may acquire or become entitled to after the execution of this Will, or other gifts made by this Will that fail for any reason, but excluding any property over or concerning which I may have any power of appointment (all hereinafter referred to as my "residuary estate"), I give, devise and bequeath to my parents, Frank and Carol Drum of 162 Majors Lane, Kent, OH. If there is no successor to both of my parents, then I direct that my personal representative to donate any unclaimed funds to the Oxford Animal Shelter, a non-profit 501(c)(3) Corporation, headquartered in Oxford, Mississippi, for its general purposes.
Appointment of Executor
A. I nominate and appoint my friend Lori Schultz of County Road 117, Soap Lake, WA, as Executor under this Will and, reposing special trust and faith in her, direct that no bond or other security be required for the faithful performance of his duties or, if bond is required, that sureties thereon be waived.
B. If the said Lori Schultz predeceases me or fails to qualify as Executor or, having qualified, should die, resign or become incapacitated, then I nominate and appoint my friend Craig Pegues as Executor, and give him the same powers and authority as my original Executor was given. I direct that no bond or other security be required for the faithful performance of his duties or, if bond is required, that sureties thereon be waived.
C. In addition to any other powers that my be conferred by law, I give my Executor under this Will, including any successor or successors thereto, those powers set forth in the Mississippi General Statutes, any of which may be exercised without the need for court order.
If any beneficiary under this Will fails to survive me by thirty (30) days, it shall be deemed for all purposes of this Will that such beneficiary did not survive me.
Use of Words and Captions
Wherever the context so requires, words used herein in one gender shall be applicable to all genders, words used in the singular shall include the plural, and words used in the plural shall include the singular. The use of captions are for reference only and are not meant to govern or affect the interpretation of any part of this Will.
Determination of Children and Descendants
As used in this Will, the words "children", "descendants" and "issue" shall include children in gestation and legally adopted individuals and the descendants of legally adopted individuals, provided such adoption took place at the time the individual adopted was a minor in the jurisdiction in which the adoption took place.
If any beneficiary named herein contests the admission of this Will into probate or institutes or joins in any proceedings as a plaintiff to contest the validity of this Will or any provision hereof (except in good faith and with probable cause), then all gifts, bequests and devises to such beneficiary shall lapse and my estate shall be administered and distributed in all respects as though such beneficiary had not survived me.
IN WITNESS WHEREOF, I have subscribed my name to this, my Last Will and Testament, consisting of three (3) pages; and, for purposes of identification, I have initialed each preceding page in the presence of two persons witnessing at my request, this 1st day of October, 2012.
//Monica A. Drum
On the date above written, Monica Amie Drum, well-known to us declared to us, and in our presence, that this instrument, consisting of 3 pages, is her last will and testament, and Monica Amie Drum, then signed this instrument in our presence, and at Monica Amie Drum's request, we now sign this will as witnesses in each other's presence. Further that Monica Amie Drum appeared to us to be of sound mind and lawful age, and under no undue influence.
Richard Hughes of 1200 Elm Street Oxford, MS 38655
Wilma Mathis of 312 Adams, #2 Oxford, MS 38655
Johnny Higgins of 122 Chinook Oxford, MS 38655
STATE OF MISSISSIPPI
COUNTY OF YOKNAPATAWPHA
Town of Oxford, this 1st day of October 2012.
We, the undersigned, being duly sworn, do depose and say that we witnessed the within Will of the within named Testatrix, Monica Amie Drum; that we subscribed the same in her presence, in the presence of each other, and at her request; that the said Monica Amie Drum, at the time of signing said Will appeared to us to be of full age and of sound and disposing mind and memory, and competent to make a testamentary disposition of real and personal property; that she voluntarily signed said Will and declared the same to be her Last Will and Testament in our presence; and that this affidavit is made at the request of the said Monica Amie Drum.
Subscribed and sworn to this 1st day of October, 2012 before me.
Officer Percy Hooper
Title of Officer: Circuit Court Judge