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1 I 1 No. 6 HALL COUNTY THIS MEMORANDUM OF AN AGREEMENT made the 8th day of August, 1924, by and between ISAAC A.McCARTY party of the first part, Ahid ONA B.MCCARTY, party of the second part, WITNESSETH: THAT, WHEREAS, the parties hereto are husband and wife, and are without children; and WHEREAS, each of them has this day made a last will and testament In which provision is made for the other; and WHEREAS, said wills each provide for charitable bequests and devises; and WHEREAS, by his said will the party of the first part has provided for disposition of all of the property title to which stands in his name or of which he has possession; and WHEREAS, the party of the second part receives certain benefits by the provisions of said will of the party of the first part from property constituting his separate estate; and WHEREAS, each party hereto is desirous that the charitable bequests and devises contained in the will of the other shall be carri @d into effect; NOW THEREFORE, it is agreed between them as follows: 1. Each party hereto does hereby waive the provisions and restrictions of Section 1313 of the Civi Code of the state of California and agrees that the provisions of the will of the other may be carried out regardless of any inhibitions of said statute. 2. The party of the second part assents to the disposition of all of the property to which the party of the first part has title or of which he has possession, whether it be community property or his separate property, in the same manner and with effect as though all of said property were the separate property of the party of first part; and she hereby waives any claim upon or against the estate of the party of the first part or the property thereof as to the share thereof which but for this agreement she would be entitled to claim as community property. Nothing herein con- tained, however, is to be construed as a waiver of the benefit of any exemptions from taxation - collateral inheritance taxes or federal taxes - to which said estate or the party of the second part may be entitled because of the community character of said property; it being merely the intention of the party of the second part to permit the provisions of the will of the party of the first part to be carried out in their entirety as to all of said property regardless of the community character thereof and with the same effect as though she, the party of the second part, were to waive after the demise of the party of the first part her right to share in said communit property; and the party of the first part likewise waives any claim against the estate of the party of the second part, or any property thereof based upon the community character of such property or any part thereof; the respective waivers applying, however, only for the purpose of enabling the provisions of said respective wills to be carried out in accordance with the wishes of the makers thereof, each party having read and being thoroughly familiar with the will of the other this day made. 3. This agreement shall remain in full force and effect notwithstanding any changes which may be made in either of said wills by way of codicils or otherwise; and as to the waiver of the restric- tions of Section 1313 of the Civil Code this agreement shall remain in full force and effect with reference to any will or codicil hereafter made by either party. Provided, however, that each party hereto hereby agrees with the other not to revoke or change the charitable provisions of the wills this day made without the written consent of the other. 4. This instrument is executed in duplicate and an executed copy thereof is to be attached to each of said wills. Executed in duplicate the day and year first herein written. Witness: Ezra N.Currier Laura A .Cux'rier_ __ _ _.. _._ _. - -- ... _ -_. -_- _._ _ . -- Isaac A.McCarty Ona B.McCarty