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`LASTWILLAND TESTAMENT
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`of
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`HUGH 0THAL WEST, JR.
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`cg‘fiifléfiéififim “ '
`WW "‘ I,’ HUGH 0THAL WEST, JR., of the County of Montgomery and the State of Texas,
`being in good health, of sound and disposing mind and memory, do make and declare this
`instrument to be my Last Will and Testament, hereby expressly revoking all former Wills
`and Codicils made by me at any time heretofore, and intending hereby to dispose of all the
`property of whatever kind and wherever situated which I own, or in which I have any kind of
`interest at the time of my death.
`
`I.
`
`lQENIL'IlQEIHEEAMlLl
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`My wife's name is SHIRLEY LOUISE PULLIN WEST. All references in this Will to
`my "spouse" or to my '
`' e" are to her. At the time of the execution of this Will, I have three
`children, namely, VALERIE LYNNE WEST ANDREWS, SHANNON LEE WEST and
`MATTHEW KANE WEST.
`
`II.
`
`PAYMENT QF EXPEN§E§
`
`l direct that all the expenses of my last illness, my funeral expenses, and my just
`personal debts, including any inheritance taxes, transfer taxes, and estate taxes which may
`be levied by the United States Government or by any state by reason of my death, shall be
`paid by my Independent Executrix out of the residue of my estate as soon as conveniently
`may be done; provided that my Independent Executrix, in such Executrix‘s sole discretion,
`may distribute from time to time any real or personal property in my estate which at my
`death is subject to a lien securing an indebtedness upon it without discharging said
`indebtedness,
`if in my Independent Executrix's judgment, the condition of my estate so
`requires. The distributee shall then be considered as having received my estate's equity in
`the property.
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`III.
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`IP ITIN F
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`A
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`I give, devise and bequeath the sum of ONE AND NO/100 DOLLAR ($1.00)
`A.
`and nothing further to my daughter, SHANNON LEE WEST.
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`If my wife, SHIRLEY LOUISE PULLlN WEST, survives me, I give, devise and
`B.
`bequeath all of the rest of my estate of whatsoever kind and wheresoever situated to my
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`If my wife, SHIRLEY LOUISE PULLIN WEST,
`wife, SHIRLEY LOUISE PULLIN WEST.
`does not survive me, I give, devise and bequeath all of the rest of my estate of whatsoever
`kind and wheresoever situated as follows:
`
`An undivided one-third (1/3) to my daughter, VALERIE LYNNE WEST ANDREWS and an
`undivided one-third (1/3) to my son, MATTHEW KANE WEST, in fee simple with the power
`to manage, sell or dispose of as each may wish or see proper; and an undivided one-third
`(1/3) to my daughter, VALERIE LYNNE WEST ANDREWS, in Trust and as Trustee for the
`benefit of VALERIE LYNNE WEST ANDREWS and MATTHEW KANE WEST, subject to
`the terms and conditions as set out in the Contingent Trust below.
`If a child of mine shall
`not then survive me, but should leave issue then surviving me, such then surviving issue
`shall take, per stirpes, the share that such deceased child would have taken by surviving
`me, or if none is then living, then said share shall be distributed, in equal shares, to my then
`living children or their issue per stirpes, or if none of my descendants is then living, then
`said share shall be distributed as provided in the paragraph below.
`
`Any other property of mine that has not been disposed of under any other
`C.
`provision of this Will shall go and be distributed to my heirs-at—law. Their identity and
`respective shares shall be determined in all respects as if my death had occurred
`immediately following the happening of the event requiring such distribution, and according
`to the laws of Texas then in force governing the distribution of the estate of an intestate.
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`IV.
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`Fl
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`I
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`Any legatee, devisee, donee, person or beneficiary with respect to all or any part of
`my estate who shall not survive until ninety (90) days after the date of my death, or until this
`Will is probated, whichever occurs earlier, shall be deemed to have predeceased me, and
`shall be treated for all purposes herein as though such person had predeceased me.
`
`V.
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`CQNTINQENT TRU§T
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`My Trustee, in such Trustee's discretion, shall distribute as much of the
`A.
`income, and in addition, so much of the corpus of the share or trust created as my Trustee
`shall desire for any use that she may desire.
`
`In the event that Valerie Lynne West Andrews should die before complete
`B.
`distribution of her share of the trust , then upon termination of the trust her share of the trust
`as then constituted shall be distributed equally to her children or their issue, per stirpes, as
`provided in Sections A and B above; or if none is then living, then said share shall be
`distributed, in equal shares, to my then living child or his issue, per stirpes; or if none of my
`descendants is then living,
`then said share shall be distributed as provided in the
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`paragraph C below.
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`In the event that Matthew Kane West should die before complete distribution
`of his share, then upon termination of the trust his share of the trust as then constituted
`shall pass to and be distributed to my daughter, Valerie Lynne West Andrews or her issue,
`per stirpes, as provided in Sections A and B above; or if none is then living, then said share
`shall be distributed, in equal shares, to the children of Matthew Kane West, or their issue,
`per stirpes; or if none of my descendants is then living, then said share shall be distributed
`as provided in the paragraph below.
`
`Any share or portion of a share of any trust created hereunder or any other
`C.
`property of mine that has not been disposed of under any other provision of this Will shall
`go and be distributed to my heirs-at-Iaw. Their identity and respective shares shall be
`determined in all respects as if my death had occurred immediately following the happening
`of the event requiring such distribution, and according to the laws of the State of Texas then
`in force governing the distribution of the estate of an intestate.
`
`VI.
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`APPOINTMENT OF TRUSTEE
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`| nominate, constitute and appoint my daughter, VALERIE LYNNE WEST
`ANDREWS, to act as Trustee of the trust created in Article V herein.
`In the event that my
`daughter, VALERIE LYNNE WEST ANDREWS, shall predecease me or fail or refuse to
`qualify, or die, resign, or become unable to serve as Trustee during the administration of
`such trust, I hereby nominate, constitute and appoint my son, MATTHEW KANE WEST, to
`act as Trustee, and all of the powers, duties and responsibilities granted and imposed upon
`VALERIE LYNNE WEST ANDREWS shall devolve upon and be exercised by MATTHEW
`KANE WEST.
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`VII.
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`TRu§TEE PQWER§
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`The trusts created or arising by virtue of this, my Last Will and Testament, shall be
`governed by and administered in accordance with the following provisions:
`
`The Trustee during the continuation of each trust shall have the sole and
`A.
`complete right to possess, control, manage, and dispose of each trust estate and the said
`Trustee shall have the powers, rights, responsibilities and duties given to or imposed upon
`trustees by the Texas Trust Code as such Code now exists.
`
`The Trustee shall at all times keep proper records and books of accounts
`B.
`which shall be open to the inspection of the beneficiaries at all reasonable times.
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`The Trustee shall act without bond of any kind, and shall be liable only for
`C.
`gross negligence, fraud or defalcation.
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`to litigate,
`in the Trustee's discretion,
`The Trustee shall have full power,
`D.
`compromise, adjust and settle all claims arising out of or in connection with the trust and
`property of the trust, and the Trustee may employ counsel and other agents in the
`discharge of duties and determine and pay them a reasonable compensation.
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`The Trustee shall be entitled to pay out of the trust estate or to be reimbursed
`E.
`for any and all legitimate expenses incurred in the management of the trust estate.
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`F.
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`The Trustee shall have the sole discretion to determine Wnat is income or
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`corpus of each respective trust, and shall apportion and allocate all receipts, credits,
`disbursements, expenses, and charges to income or corpus as the Trustee shall deem
`proper.
`
`The Trustee may resign by sending an acknowledged written notice to the
`G.
`trust beneficiaries thirty (30) days prior to resignation.
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`As compensation for her services hereunder, my Trustee or her successor
`H.
`shall be entitled to charge the same fees customarily charged for similar services in other
`trusts at the time the services are rendered.
`
`The trust created hereunder shall terminate on the 31st day of December
`l.
`2030, or at any time prior to that date, at the sole discretion of my Trustee, and the Trustee
`shall pay or deliver the then remaining trust estate to the beneficiaries.
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`VIII.
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`A P INTMENT F
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`EC T R
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`I hereby nominate, constitute and appoint my wife, SHIRLEY LOUISE
`A.
`PULLIN WEST, as Independent Executrix of my estate.
`In the event that my wife,
`SHIRLEY LOUISE PULLIN WEST, shall predecease me or fail or refuse to qualify, or die,
`resign, or become unable to serve during the administration of my estate,
`I hereby
`nominate, constitute and appoint my daughter, VALERIE LYNNE WEST ANDREWS, as
`Independent Executrix, and all the powers, duties and responsibilities granted and imposed
`upon SHIRLEY LOUISE PULLIN WEST shall devolve upon and be exercised by VALERIE
`LYNNE WEST ANDREWS.
`In the event that my daughter, VALERIE LYNNE WEST
`ANDREWS, shall predecease me or fail or refuse to qualify, or die, resign, or become
`unable to serve during the administration of my estate, I hereby nominate, constitute and
`appoint my son, MATTHEW KANE WEST, as Independent Executor, and all the powers,
`duties and responsibilities granted and imposed upon VALERIE LYNNE WEST ANDREWS
`shall devolve upon and be exercised by MATTHEW KANE WEST.
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`jazz;
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`If any individual Independent Executor or Executrix becomes unable to
`B.
`discharge his or her duties under this Will because of accident, physical or mental illness or
`deterioration, or other cause and does not resign, then upon certification in a form sufficient
`for the recording of a deed in the State of Texas by two medical doctors (neither of whom is
`a beneficiary under this Will) affirrning that each has examined the Independent Executor or
`Executrix and that each has concluded, based on such examination, that the Independent
`Executor or Executrix is unable to discharge his or her duties under this Will,
`the
`Independent Executor or Executrix shall cease to serve, as if he or she had resigned,
`effective the date of the certification.
`
`It is my will and desire and I hereby direct that in the administration of my
`C.
`estate, my Independent Executrix or any successor shall not be required to furnish any
`bond of any kind and that no action shall be had in any court in the administration of my
`estate other than the probating of this, my Last Will and Testament, and the filing of any
`Inventory, Appraisement and List of Claims of my estate that may be required.
`
`IX.
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`PWR FEXECT R
`
`The estate created or arising by virtue of my death and this instrument, my Last Will
`and Testament, shall be governed by and administered in accordance with the following
`provisions:
`
`I hereby grant unto my Independent Executrix or any successor named
`A.
`full power and authority over any and all of my estate and they are hereby
`above,
`authorized to sell, manage, and dispose of the same or any part thereof, and in connection
`with any such sale or transaction, make, execute and deliver proper deeds, assignments
`and other written instruments and to do any and all things proper or necessary in the
`orderly handling and management of my estate.
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`My Independent Executrix or any successor named above, shall have full
`B.
`power and authority to compromise, settle and adjust any and all debts, claims and taxes
`which may be due from or owing by my estate.
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`My Independent Executrix or any successor named above, shall have full
`C.
`power and authority to deal with any person, firm, or corporation including any trusts or trust
`estate created by this, my Last Will and Testament.
`
`My Independent Executrix or any successor named above, shall have full
`D.
`power to borrow money at any time and in any amount from time to time for the benefit of
`my estate, from any person, firm, or corporation or from any bank or trust company and to
`secure the loan or loans by pledge, deed of trust, mortgage or other encumbrances on the
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`assets of the estate and from time to time to renew such loans and give additional security.
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`As compensation for her services hereunder, my Independent Executrix or
`E.
`any successor named above shall be entitled to charge the same fees customarily charged
`for similar services in other estates at the time the services are rendered.
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`X.
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`APPQINTMENT QF QuARDIAfl§
`
`In the event that any child of mine is incapacitated, as defined in Section 601 (13)(B),
`Texas Probate Code, or has not reached the age of eighteen (18) years at the date of my
`death, and my wife is not then alive, then in such event,
`I nominate and appoint my
`daughter, VALERIE LYNNE WEST ANDREWS, to act as Guardian of the person and the
`estate of said child or children.
`In the event that my daughter, VALERIE LYNNE WEST
`ANDREWS, shall be unable to serve as Guardian,
`I nominate and appoint my son,
`MATTHEW KANE WEST, to act as the Guardian of the person and the estate of said child
`or children.
`
`XI.
`
`§PENDTHRIFT PRQVI§IQN
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`No interest of any beneficiary in the corpus or income of my estate or of any trust
`created herein shall be subject to assignment, alienation, pledge, attachment, or claims of
`creditors of such beneficiary and may not othenivise be alienated or encumbered by such
`beneficiary, except as may be otherwise expressly provided herein.
`
`XII.
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`MAXIMUMIEBMQEEBLLSI
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`If any trust created hereunder shall violate any applicable Rule Against Perpetuities
`or any similar rule or law, my Trustee is hereby directed to terminate said trust on the date
`limited by such rule or law and thereupon the property held in such trust shall be distributed
`to the persons then entitled to share such income, notwithstanding any provision of this Will
`to the contrary.
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`XIII.
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`IN TEBBQBEM CLAUfiE
`
`If any beneficiary under this Will shall in any manner contest or attack this Will or
`any of its provisions, any share or interest in my estate given to such contesting beneficiary
`under this Will is hereby revoked and shall be disposed of as part of the residue of my
`estate.
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`XN.
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`WILL§ NQT CQNTRACTUAL
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`My spouse and l are executing Wills at approximately the same time in which each
`of us may be a primary beneficiary of the Will of the other. These VVIlls are not executed
`because of any agreement between my spouse and myself. Either Will may be revoked at
`any time in the sole discretion of the maker thereof.
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`XV.
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`For purposes of interpretation of this, my Last Will and Testament, and the
`administration of the estate and any trusts established herein, the following provisions shall
`apply:
`
`The words "child, children, descendants, issue," and similar terms shall be
`A.
`deemed only to include children born to, or adopted (on or before eighteen years of age) in,
`a lawful marriage.
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`When a distribution is directed to be made to any person's descendants "per
`B.
`stirpes," the division into stirpes shall begin at the generation nearest to such person that
`has a living member.
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`The use of the masculine, feminine or neuter genders shall be interpreted to
`C.
`include the other genders, and the use of either the singular or the plural number shall be
`interpreted to include the other number, unless such an interpretation in a particular case is
`inconsistent with the general tenor of this instrument. Any references herein relating to my
`Independent Executrix shall
`include her successors regardless of the gender of the
`successors.
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`This Will shall be probated in accordance with the laws of Texas, and should
`D.
`any provisions of the same be held unenforceable or invalid for any reason,
`the
`unenforceability or invalidity of said provision shall not effect the enforceability or validity of
`any other part of this Will.
`
`I, HUGH OTHAL WEST, JR., hereby sign my n me to
`IN WITNESS WHEREOF,
`this, my last Will, on each page of which I have placed my initials, on this 2g
`day of
`December, 1999, at Conroe, Montgomery County, Texas.
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`HU
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`O HAL EST,J .,Test
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`ATTE T TIN
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`The foregoing instrument was signed in our presence by HUGH OTHAL WEST, JR.
`and declared by him to be his last Will. We, at the request and in the presence of HUGH
`OTHAL WEST, JR. and in th presence of each other, have subscribed our names below
`as witnesses on this
`day of December, 1999.
`
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`Street A ress
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`City and State
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`Witness
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`9’70 5 5 /Maw7 M)
`Street Address
`gamma "Kg 47 3d 7
`City and State
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`SELF PROVING AFFIDAVIT
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`§ §
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`§
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`STATE OF TEXAS
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`COUNTY OF MONTGOMERY
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`o :- igne fl? ority, on this day personally appeared—HUGH
`BEFORE ME, t
`OTHAL WEST, JR,
`u u '4/
`andW
`,
`
`known to me to be
`.- Testator and the witnesses,
`respectively, whose names are
`subscribed to the annexed or foregoing instrument in their respective capacities, and all of
`said persons being by me duly sworn,
`the said HUGH OTHAL WEST, JR., Testator,
`declared to me and to the said witnesses in my presence that said instrument is his Last
`Will and Testament and that he had willineg made and executed it as his free act and
`deed; and the said witnesses, each on their oath stated to me, in the presence and hearing
`of the said Testator, that the said Testator had declared to them that said instrument is his
`
`Last Will and Testament, and that he executed same as such and wanted each of them to
`sign it as a witness; and upon their oaths each witness stated further that they did sign the
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`git/5%
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`that said
`same as witnesses in the presence of the said Testator and at his request;
`Testator was at that time eighteen years of age or over (or being under such age, was or
`had been lawfully married, or was then a member of the armed forces of the United States
`or of an auxiliary thereof or of the Maritime Service) and was of sound mind; and that each
`of said witnesses was then at least fourteen years of age.
`
`HUH
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`H LWES ,JR.,Testa
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`SUBSCRIBED AND S
`JR., Testator, and by thg,said
`a z ’7 day
`Witnessesfithis
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`R TO BEF
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`E ME by the said HUGH OTHAL WEST——
`andfim
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`ecember, AD. 1999.
`
`
` Notary Puin State of Texas
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