in Re Kenneth Glenn Webb, Relator

• Court: Texas Supreme Court
• Decided: February 6, 2015
• Docket: 07-15-00050-CV
• Status: Published

Opinion

07-15-00050-CV

KENNETH G. WEBB TDCJ # 1454974 899 FM 632 KENEDY. TX. 78119-4516 DATE: Felo, (, 201 5

MS. PEEGV CLUP, CLERK OF COURT S~VENTH COURT OF APPEALS AMARILLO, TEXAS

DEAR MS. CULP, Please find herein my PETITION FOR THE ISSUANCE OF THE WRIT OF MANDAMUS; for filing in the SEVENTH COURT OF APPEALS. The petition for mandamus is brought cor1cerning a probate matt~r

in the @4th Judicial District Court presided over by Judge William Smith. The Cause Number in the trial court is :CV049B2 and concerns the ~state of Rellis Leon Easley in which I, Kenneth Webb am the sole heir. This Motion for the Writ of Mandamus consist of 165 pages. Sixteen (16) is the actual Motion and ~49 pages are documents of the trial court and its representatives. In support of the mandamus requesting the Seventh Court of Appeals to Order the llonorable Judge Smith of the 84th Court of Hansford County, Texas to rule on the probate case which has been before the bench since 20lJtl. *** Please date stamp Lhis Cover Letter and return to me for mu files showing that it has been filed and pald For. Thank you for your time and consideration.

~~w ~~eth Webb #154974 CONNALLY UNIT 699 FiVi 632

KENEDY, TX. 78119-4516 IN THE COURT OF APPEALS

SEVENTH DISTRICT OF TEXAS AT AMARILLO ·s ~:· ~\:T~·~i ;j'~~

* * * * * *~ * * * * *

PETITION FOR THE ISSUANCE OF THE WRIT OF MANDAMUS

* * * * * * * * * * * * *

CASE NUMBER:---.· ........................... .

Relator: Kenneth Glenn Webb

TDCJ-10 1454974

B9S Fi"l 632

KENEDY, TX. 78119-4516

Respondant: Judge William Smith 84th Judicial District Court P. D. Drawer 3437 STINNETT, TX. 79083 RELATOR: RESPONDANT: KENNETH G. WEBB WILLIAM SMITH, JUDGE TDCJ # 1454974 84th JUDICIAL DISTRICT 899 Fl'il 632 P. D. DRARWE 3437 KEI\ii~EDV, TX. 78119 STHJNETT, TX. 79083 B B S 8 B M B H B

I N D E X

EXBIBIT # EXB PAGE # MANDAMUS P. BRIEF DESCRIPTION 1 1-9 1 6-24 WILL, ORDER OF TRANSFFR HIRING OF EXECUTRIKT AND ATTORNEY BIES6RS 2 25-26 PROOF OF DEATH, R.L. EASLEY, ESTATE OF: 1 -2 '7 27-50 MOTION TO DISMISS LOU WALt

PAGE ·1 3, 1 4, 'i 5.1 6 ARGUMENTS ANU AUTHORITIES

- I - IN THE COURT OF APPEALS

SEVENJH DISTRICT OF TEXAS AT AMARILLO

* * * * * * * * * * * * * * §

§ WILLIAM SMITH, JUDGE

KENNETH G. WEBB. § 84th JUDICIAL DISTRICT

RELATOR § HANSFORD COUNTY. TEXAS

§ RESPONDANT

§

PETITION FOR THE WRIT OF MANDAMUS

* * * * * * * * * * * * * *

Comes Now, Relator; Kenneth G. Webb, Before this Hon-

orable Court and for good cause shown respectfully request

the Courts issuance of the Writ of Mandamus in accordance

with Texas Rules of Court and Texas Rules of Civile Proc-

edure.

!; I * Relator would put before the Court that his Motion

for the issuance for The Writ of Mandamus to Judge William

Smith, 84th Judicial District for Texas. Hansford County

should be granted and so Ordered concerning a Civil Probate

Case; No. EV049B2. which has been before his Court since

March 19, 2009.

• 1• Relator is the Sole Heir to the Estate of Rellis Leon

Easley. This case started in March, 2007 in the County Court

of Hansford County, Texas. The Honorable Justice Benny Wilson

had the Probate Case as No. P02514; tstate of Rellis Leon

Ea s 1 e y . ( exb : ( p • 11 2. ). The case was tra~sferred to the

District Court of Hansford Couthy, Texas on March 19th, 2009.

Judge W. Smith was the presiding Judge. (exb: I

II

Relator is the uncontested heir to his Fathers Estate;

R.L. Easley in the now numbered CV04982 Probate Case. (exb

) . Which is Easleys las~ Will and Testemant ·< '-;T' /

and Proof of De a t h , ( e Xb : :2/ P • 'J I' .:1~ ,: ) Filed in Hansford

-County, Texas.

!II

This same 'Eiourt. with the agreement of Relator Ms. Lou Walker as Executrix on August 29. 2007. Attorney. Cecil

Bi g g e r s wa s h i r e d a s At t o r n e y f o r t h e R . L • E a s 1 e y Es-t~-l;e-.

by Executrix. Lou Walker and paid for by Relator Webb. Both

from Estate Funds and authorized by the Court. (exb;~ p.2V

With Proof of Proprietorship, Interest and Control Over

being, established in the 84th Judicial District Court.

(exb: .:3 P• r, z,J, 11 ) . Relator contends that since he is the sole heir to

the Estate of R.L.Easley, and as such he had to sign the

autherization papers, pay Ms. Walker and Mr. Biggers; and

that since Relator is the owner of this Estate that Ms.

Walker and Mr Biggers are, in fact, workinQ for hfM

2 And as such their duties should be preformed to~Relator~ fexb~- b p. q ). Relator contends that Ms. Wlaker and Attorney Biggers

have both abandoned their psotions and duties to the Easley

Estate and thus to Relator, and as such should be dismissed

b¥~ the Court as Relator requested in his Motins to Dismiss

Ms . Walker and Mr . Biggers • (ex b :-.E p . E -1 /JtM<.7j4 1'17) . Each

have abused their authority and went beyond any authority

bestowed upon them by either the Court or the Relator. And

have actively worked against the interest of the Estate

and Relator, as the sole heir of said Estate.

Along with the motions to dis~iss the execturix and

attorney. Relator has requested that Court oversight be

conclued and the Estate turned over tbt Relators sote authority.

( exb : 3 p • !J- I~ ) Documents supporting Relators conten-

tions are filed among the motions and pleadings resting

in the 84th Judicial District Court. Both authorized and

questionable financial transactions and relator contends

flat out illegal activities by the exuctrix and attorney.

(ex b : ...Z p . 1~,171 18', If) Judge Smith has no cause, and no proper authority

to NOT rule on Relators motions. No valid reason to keep

delaying and prolonging this Probates Case R.L.Easley, and

Relator Kenneth G. Webb.

3 Relator suffers and has suffered irreparable harm a~

loss from the Districts Court delays already. Without due

cause. Their is no-one else who has a legal claimto the

Easley Estate. Relator has preformed and paid for every

action the Cowrt' has instucted he do. Relator has kept

a steady contact with the court and has provided all the

documents he ~~n. Served notices, and nothing seems to help

the 84th District Court toward resolving a matter of Probabte

before it for '=srx (6) years now. (exb: 6 p. 1-37 ). tv Relator would show this Honorable Court that the 84th Judicial

District Court has Jurisdiction and that the failure of

Judge Smith to rule. in a timely manner and settle the pro-

bate case before him is an abuse of discretion and harmful

to the Relator.

Relator cannot have access to an accounting of his

inherited estate without either the attorney or the executrix

author i z in g SUt;h According to the bank the Estate is in.

(exb. i./ p. / And as relator has shown, both these

individuals have abandoned all duties to the estate and

the relator. (exb. 3 p. o-16) The complete failure of the 84th judicial District

Court to rule on relators Motion to Dismiss Attorney Cecil

Biggers and Executrix Lou Walker for good cause shown, that

each has deserted the Estate after known and unkonow ques-

tionable financial transactions further causes irrepreable

harm to Relator. ( ex b • J{ p . 2 1 bJ 7 )

4 Thus effectively allowing. at least: Mr. Biggers to

misappropriate funds from the Estate and from the sale of

property of the Estate, that should have been placed in

the Estates account tnt his own account. (exb. 1-( p. 7) Since there is a total lack of accounting, relator cannot

say how much more property and funds has been absc onded

with. Nor in fact whathas and is happening to the Relators

inherited estate from his father, R.L. tasley.

Relator has attempted on numerous occasions; both dir-

ectly and through the court to communicate with Mr. Biggers.

Relator has received

duplitious and hostile threatening letters from Mr. Biggers.

As well as letters promising to resolve the· matter he was

hired for. ( exb ,£( p. ? .,. 3\ 1

Such misleading responses and failure to assist Relator

in even simply authorizing the bank to give him an accouting

is negligence and unsettling at the eleast. And the failure

of the court to rule on Relators mo·hOAt;: and to resovle

a nearly decade old probabte case for no good cause and

absolutely no legal nor legitiamte reason raises more ques-

tions than it settles. (exb 6 P. 1-37 v Relator would show that his motion for the removal

and dismissal of an Invalid or Unenforcable Child Suppot

lien has been unecessarily delayed and has caused harm to

Relator for an action that should never have been granted

in the first place. Such a delay is an abuse of discretion.

5 Relators inherited estate from his father R.L.Easley,

No. CV049B2 has been delayed by the demand of notices and

services on an unenforcable child support lien. Which relator

complied with. ( exb. 1 p. 1- \''?:> ) And then flat out denial

by the 84th J.D.Ct. and Judge Smith. To finally totally

ignoring the relators communication to the court. This pro-

bate case has been before thecourt for long enough. Surely

the Court has no reason for such delays in an uncontested

inheritance.

The Relator would show this Honorable that his Motion

to Remove an Unlawful and Unenfnrcable Child Support Lien

is supported bv Case Law and Texas State Law as well .. That

such laws are not in questin nor debatable in this instance.

fexb 6 Being t~t the ·origional child support issue was filed

Dn _c F e b • 0 2 , 1 965 • That the last child of R.L. Easley became

an· adult im Mav of 1982 . texb.O . -···-..,. -..

that his last court ordered child support payment was May

26, 1982.

That R.L. Easley's ex-wife did not file for an exten-

tion for time to cnllect any child support in arreage is

not debated, during the legally '~l~llect time. But when

in 2003, April 16. The court order Easley to pay arreage

to A.K. Stinnette in the amount of $82,733.61 on an invalid

Child SupportLien, Mr. Easley had his Estate account raided

for a substantila ammount. Ms. A.K. Stinnette has never

filed for. comolaind of that wmich was or was not received.

6 Since this ruling and the payments to Ms. A.K. Stinnette

the father of these two children, R.L. Easley has passed

a wa y • ( e x.b-llt 2 p • J1 Z.. ) . Their mother Ms. Stinnette has

passed away as well. And the children. Debra Easley, now

53 years old, and Michale Easley, now 52 years old. Have

not filed any pleadings, nor m~de any claims to the R. L.

Easlet estate to which Relator Kenneth Webb is the Sole

Heir. Recognised by the State of Texas and the Court. Even

with relator paying for service and notice to each concerning

his attempts to have the Probate case settled and turned

over to him. fexb. 1 This delay by the court has no legitimate nor legal

reason to have existed in the first place. And certainly

not for continuing for six (6) plus years. Any further delay

will only enhance the irreparable har~ already caused to

the Relator and further hinder his attempts to get an accounting

of and corrections made to the Estate.

VI

Concerning Relator Webb Demand for an accountinq of the

R.L. Easley Estate. Deceased; to which relator is the sole heir

This also has been before the 84th Judicial District Court and

Judge Smith since 5-9-2011. The motion itself never being add-

ressed. and at which time the Executrix Walker and Attorney

Biggers had already deserted thir position in this case.

which they had been hired to preform. (exb 3 p ./, z.,3,1) (exb ~ p.~ 1 5 1 ~ ) Showinq the relators Application

for Sale of Real Prppertv. (exb ~ p.$ 1 '1 ) Verified Exhib1..-t.

S how in g Condition of Estate ; (ex b (}? p ./ l;j J? 0 r de r of

Sa 1 e o f Per s on a 1 property ; ( e x b &7 p . t0 1 I ( Report of

Sale; ( exb ~ p. t'Z ) Decree confirming Sale. Relator

as the then owner of this Estate should have been given

and should have received updates of Transactions involving

the Estate. Certainly a full accounting in light of

Attorney Biggers own admission of mishandling funds from

sale of estates property. ( exb L{ p. 1 ) And the fact

that Mr. Biggers and Ms. Walker had ceased to preform

thier duties to the estate and the relator. And had de-

serted the Estate, as far as relator knows. One. Ms.

Walker discontinuing all contact with relator. The other

Mr. Biggers misleading, lying, violtatinq ordered rules

and obligations and not so subtle threatening the rela-

tor. The 84th J.D.Ct. via Judge Smith should certainly

have r u 1 e Jd 0 n this M0 t i 0 n as we 11. (eX b ~ p(. B" /1. ttJ- I"? rip f 11 \. Also letters to an from the Court. The Court Clerk,

the Judge W. Smith, and Mr. Biggers. ( exb 7 In which it would appear Relator Webb was given the run

around from the court and absolutely Mr. Biggers. And

especially since he appears to have kept $13,800 of the

sale of Homestead Property: Which was sold by Ms. Walker.

approved by the court. ( exb ~ p. ;;23 1 f}!6 (II 1 P• t/.- After giving Ms. Walker $5,000 from the sale. (exb3 p. q find to which NU hiEN was attached nor claims made against.

) Therefore in the least the - monies from the sale of said Homestead property should

have gone into the Relators father Estate account. Not

into the .dccount of Mr. Biggers, to be supposedly doled

out to the court or some mysterious person. In fact

the monies, being from the Sale of Homestead Property

also inherited from Relators Father, being exempt from

attatchment (exb ~ p. "( 1 ) and having no liens nor

claims on said property, should have went to Relators

personal account as i t had no guestionable liens filed

against i t . *ex b ~ P. II/1 II Added to these illegalities is the Bank in which

the Relators Estate is being held has continually refused

to give relator an accounting of his own esate funds

and financial transactions. (exb. ~ p.3~r3?) Unless

the Attorney Mr. Biggers or the Execturix Ms. Walker

aothorize the request. And in'fact Court ordered obligation

to give relator and accounting periodically.

Added to this. The Courts ignoring the Relators

request for an accounting, as it absolutely 04~ authorize

and order such. Relators Motion to Dismiss both the

Attorney and Executri~ and for the Estate to be turned

over to Relators and a full accounting to Relator and

the Court should be so order. Irreprable harm is more

than obvious in this case.

q VII

Relator would show this Honorable Court. in support of

Petition for the Issuance of Writ of Mandamus further cause.

Relator as made extensive contact with the 84th J. D. Ct. and

J u d g e Wi 11 i am S mi t h h i ms e 1 f . ( e xb ? p . I .fiJ~"o""f' l) ) Co n c e r n i n g

his inherited estate and the actions of the Attorney Biggers

and Execturix Walker. As well as concerning his pleadings,

motions and filings. And questioning his own;relators, obliga-

tions and the delays by the Court. (exb 1 p. '1-7'?7 As well

as numerous letters to the Court Clerk. Ms. Kim Vera.

This is exhibited by his Docket Book Report from the Court (exb &? p. ~2,? ) Which presents most of the communication dates and brief mention

of content in Case No. CV04982 in the S4th Judicial District Court in Hansford

County. Texas.

These include but are not limited to his motions to Dismiss the Attorney

C. Biggers as well as the Motion to dismiss the Execturix L. Walker for their

abnadonment and failure to preform duties in the interest of the Estate of

R. L. Easle~ and the relator. (exb. 3 p.o -16 ) Also the relators

Motion for an Accounting of the estate and his communications with the Judge

and the Court concerning this matter. (exb ~ p. / - 3(C)£~1) Attached also are several documents and letters to and from the Court

showing the relators often sought inofrmation and asking and receiving in-

formation on how to proceed and complying with such. Only to be told by Judge

W. Smith that the relator can address this matter when he qot out of orison. ~ ' ( exb 1 p -121 1J ) And knowin~ that relator has a 75 Year sentence this is

rather a strange way to handle a Probate Case, uncontested in any Court.

( exb 'l p. 13

10 Thus once again relator asserts ~at i t has been

an Abuse of Discretion, perhaps negligence of collusion

in continuing to delay a hearing and ruling on the Relators ' motions before the 84th Judicial District Court. Whereas

credible documentary evidence has been presented to the

Court. None of which has been opposed nor answered from

Mr. Biggers nor Ms. Walker. And in fact, each being notifed

by the Relator and the Court ( exb. 1 p. }.,1 3 as reported

to Relator in a seemingly threatening manner by Mr. Biggers.

Certainly all parties are aware of relators intentions to

have the probate case CV0~9B2 the matter of the Estate of

R. L. EASLEY To which Relator is heir and sole owner of.

be settled. The unnecessary delays are obvious, the reasons A for said delays obscu~and questionable. Irreprable har"'l

has already been done to relator by the 84th J.D.Ct.

Relators respectfully request the Honorable Seventh Court

of Appeals, In the interest of Just~~e and ruling laws Grant

and issue his Mandamus request ordering the 84th J.D. Ct.

and Judge Smith to rule on his motions and dispose of the

probate case before it. So relator can either take control

of His EsiAt~or proceed furthe through the courts. Which-

ever is necessary.

Again, there is no legitimate reason for the nearly

decade delay in concluding this case. No legal reason for

such a delay. And again raises ~uestions about the handling

of this case.

11 PRAYER

Wherefore for good cause shown, Relator Kenneth G. Webb, re~pect-

fully comes before the Seventh Court of Appeals, in Amarillo

Texas and request its consideration on the Petition for the Writ

oof Mandamusbe issued; Ordering the Honorable Judge Smith of

the 84th Judicial District Court in ~ansford County Texas.

to rule on the motions that are before his court concerning the

£state of RELLIS LEEJN_ EASLEY #cv04982. 1o which Relator Webb is

the sole heir too, as has been approved through this same court

And is uncontested nor challenged on his ownership and receiver-

ship of said estate in any manner.

Relator would beg the Court to intervene and rule on his

beh~~f as far as the 84th J.D.Ct. wanting to wa~ till relator

is "out of prison" to rule on the case. Of which all Motions

and Pleadings by relator are as complete, clear and legitimate

as his ability to put them forth are.

Submitted this day of Jttl\(..x:try 2015.

Verification

I. Kenneth Glen Webb, do hereby verify that the forgoing statements

and papers in this, my PETITION FOR THE ISSUANCE OF THE WRIT OF MANDAMUS

are true and correct to the best of mv Knowledge. Executed this ~day, of

s<~~ KENNETH GLEN WEBB TDCJ# 1454974 899 FM 632 KENEDY, TX. 78119-4561 ARGUEMENTS AND AUTHORITIES

Relator WOlll rl show the r.ourt the followin~:

Mandamus relief has and is an extraordinary remedy (In re South-

western Bell Telegraph Co .• LP. 235 5.W.2d, 619,623 Tex. 2007).

Relator must show the trial Court clearly abused its discretion

and that the relator has no adequate remedy b~ 8nneel _ Inre Ford

Motor CD. 988 S.W.2d 714,718 (Tx. 1998)

Under Texas Adminitrative Responsibility Rules, Rule &,6a;

Safeguarding the rights of litigants to the just processing of

thei.r causes ... utilize methods to expedite the disposition of

cases on the docket of the court.

It is clear the the 84th J.D.Ct under Judge Smith is not

doin~ ~ anything , near to this. As relator has shown he has been

bewfore the court for over six (6) years and not one motion has

been ruled on- Except to collect his monies paid to the court

for citation services. That in fact, the Judge informed the

relator that he can argue his case if he ever gets out of prison.

Which in the rules of administrative duties for the Justices

does not exist.

As the clear failure of the court to analyze or apply law

correctly will constitute "abuse of discration 11 856 S.W.2d,

780. As Judge Smith has ignored the fact that the Executrix

and the Attorney he approved of have both abandonded the relator

and the Estate of R. L. EASLEY they were paid to represent.

13 Likewise, there is an abuse of discretion of the trial

courtwhen i t acts without reference to any guiding rules and

principles. Morrow v. H.E.B.,lnc. 714 S.W.2d 297. As the numerous

times relator has asked the court of an accounting of his

inherited estate, informing the court of the Executrix 1 x and

tne At~orneys abandonment and in fact refusal to assist him

in recieving an accounting. And the bank itself. Even though

relator is entitled to such an accounting.

Traditionally, a writ of mandamus had been issued only

to cQmpel the preformance of a ministeral act ot duty. WDRTHHAM

v. WALKER 133 Tex 255. Relator argues that by refusing to

hear and rule on his Motion to Dismiss the Executrix Walker

and Attorney Biggers he has not acted upon the rules govern-

ing the conduct of the Justices in Texas State Courts. And

as such has caused actual harm to relator.

But nuw writ will issue to court a clear abuse of dis-

cretion committed by the trial court and where there is no

adequate remedy at law: Which relator asserts the trial court

has done in refusing to rule as to whether or not the lien

upon the estates accounts is legitimate or not. Since according

to Tx. R. Civ. Pro. 165 Any claim has been abandonded by the

descendents (children of ) R. L. Easley and A. Stinnette.

both deceased. By ·Lwice not answering citations and notifica-

tions ~o them that relator has been seeking to have the lien

dismissed.

14 The trial Court clearly abuses its discration if i~ reaches

a decision so arbitrary as to amount to a clear prejudice

and error of law. Walker v. Packer 827 S.W.Zd 8~3. Which l t

is more than obvious this has heppened when the trial court

authoroized the sale of Homestead property which the Executrix,

that Attorney and the Court all signed off an. And sworn that

said real property had no leans against it. Sale

was appruved and confirmed by the trial court,yet the trial

il:: b u r: t t o o k n o s t e p s t o e n s u r e t h e mo n i e s f r o 111 t h e s a l e wa s

placed into the accoun~ of the R.L. Easley esiate that is

the property of Relator Webb.

As can be s een l.J y t h e d o c u me n t s i 11 t hi s r-1 8 n cJ a m u s mo t i o n •

Attorney Biggers put into his persunal account and where

such has been for years. Supposedly paying into the registar

a monthly f~e. Which relator has informed the court has not

happened. And relator has informed the court in his Motions

to Dismiss Cecil Biggers and Motion for an Accounting had

been going on. Which amount to clear and actual violation

of Texas State Law.

A Writ of prohibition directing a lower court to refrai11

from doi11~ surnethiilg while 8 writ of 111landamus generally directs

ma lower court to do something. 252 S.W.2d 822. Perhaps

it could be encomabant upon the 7th Court of Appeals to issue

its own Writ of Prohibition of the Judge of the Bth J. D.

Ct. so that it will not allow further funds to be pilferred

from his satate while awaiting his ruling on the current

motions he has before the 84th J.D.Ct.

15 Relator would show this HQnorable Court that On a Mandamus

review of issues of law, a trial court abuses its discretion

if it clearly falls to analyLe the law correctly or apply

the law to the facts. In re Alan, Gump, Strauss, Haver &

Feld, LLP 252 S.W.Zd 480. Which relator would assert is

the case in the issues now before the 7th Court of Appeals.

ln that Judge Smith has ineffect d~nied thB rela~or any hearing

on his motiones before the court, that the Judge has already

told him he may proceed with. T X. H. Ct. Rule :IJ:5, R. #6 l.Jy tile

violation of time standards set forht in the rules of cou.ct.

Specifically under R.6.1-(b)2) that gives time standards

for the dilligent discharge of Civil Actions. In this case

where there is a non injury action wo~ld be Twelve (12) montns

from appearance. Which was rnade on the reJ.ators behalf by

then Executrix Lou WalKer and Attorney C. Biggers back on

2009.

Relator has provided this Honorbale court with adeguate

record to substantiate allegations contained in the Petition

for ~he Writ of Mandamus. Which Contain COURT DOCUMENTS which

were origionated with the tourt of the 84th J.O. i~self.

Which were approved, ruled mandated and acted upon by the

Court and J~dge Smith. As well as documents from the Court,

t he Co u :r: t; C1 e r· k t h e A t t o r· n e y IB o r t he ·a. L • E a s l e y Es t a t 8 C8 c i l

Bigger·s.

Relator believes there is no question that ALL his motion

which are before the ~'ti"-Judicial District Court and Judge

SmithJdeserve a fair and legitimate hearing and would respec~­

fully request this 7~h Court of Appeals to order such.

16 P, I .'-''· ,, ur· __.J:TJlJJ....LJLI. ::::_1

r Be.ore h d me, t e un ersigned authority, on this day pers!)nally appeared Jc.t:; L /) - . ·- U'J L£<;;.N- - f I r:r. • .. ) J '):::-' ., <\? tA r-. I )\./\ L!;.,_/'>,/) c;-.J . C.~L t;' t:::r.v f...JZ:1o../ . '-"- w $' • and_--'.P--'''--=<4:::.:......•-='P_.,...,....___--'-',~'-'-r_,_r_'-=-'---'----- - - - - - - - - - - - - - - - - - - - - - - - - · · k n o w n to me to be testa~ and the witnesses, respeeth•ely, whose names .-.re subscribed to the annexed or foregoing· instrument in their respec:th·e capacities, and, all of said persons being by me duly sworn, the sai~ Ut S LE;a N EPt 5'(..E. said instrument is Ytestat atL, declared to me and to·the said witnesses in my presence that :.__m£.__ last will and testament. and that __ lfl;f_ had willingly made and executed it as their free act and deed for the purposes therein expressed; and the said witnesses, each on their oath stated to me, in the presence anQ hearing of said testat.~, that the 'said testaL~had declared to them that said instrument is ITtJ" last will and testament, and that f-f£ . 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 same' as witnesses in the presence of the said testat.. •M... and at 1-+J..f • request; that tf€ 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 thereat or of the Maritime Service) and was of sound mind; and that each of said witnesses was then at least fourteen years l>f age.

, Witn Subscribed and acknowledged before me by the said /1F:LL.iS Qort/ p-,q.sLt;/ testat.QB., and subscribed and sworn to before me by the said H-:£t..:li;-N t_g-t......I(S

and gA.o-/IJ.IJ-. It/teL,.. witnesses, this~~ay of 0Atf!!lt-t'/ ,A. D /99~ (Seal) CINDY R. BAXTER NOTARY P\JSI.lC, ~4 R~ /kv.ifA STAYT:OFWIAS MYOOMMISS10NI:XPIRES3-21-98 Notary Public tf'zidtZ.LL County, Texas ~ ~ .. ...,» ~ ~ ~ 0 = = . -.;; ~

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f ' , • • • ····-ti.I.•P"OV .. D P"•t•n•• • ••aoov .. e • • • •

THE STATE OF. TEXAS-k // I l KNOW ALL MEN BY THESE PRESENTS: COUNT·Y OF..a.st.A.-L r:. d {

I, /?eLL I s 1 eo ka 5 Le)'b ,a reaident

of Sf, eo,., an a ~ fl a f1 c fn cJ. County, State of Texas, above the al'e of 18 yean, hereb)' declan this instrument..lo be my Last Will and Testament, hereby re,·okinl' all wills made by me. ·

Arter all my just debts, includinl' any estate and inheritance taxes imposed by ,·irtue of my death, hsve been p~id, I l'ive, dP\'ise and bequeath all the l'eslltue of m)· property to my _..;St...OIL...bu..._ _ __ ken neLh b Len n Web b , iL.b..~urvives me and is Jh·inl' at the expiration of 60 da)~s after m)' death, otherwise in equal shares lo m)' children, includinl' afterborn children, one share to each child of mine li\•inl' at my death and one share per stirpes to the then lh·infi descendants of each child of mine then deceased, and if no children or other descendant& of mine should aur>ive me, ' then to m)' heirs at law under the statutes of descent and distribution then in force in the State of Texas, and in the proportions provided br the statutes.

I appoint m ) · - - - - - - - - · · , independent execut....c.LL of mr ~ill and estate, to act without bond and free li supervision of an)' court. I authorize my execu~ to sell, convey,le_.e (includinl' oil, 1'&1 and mineral leases), mort- g&l'e, pledl'e, otherwise dispose of, and contract with respeet to my estate or any part thereof (includ- ing the bor-rowing of money for any purpose), for such considerations and upon such terms ·and condi- tions as to deatn may seem proper, intending hereby to Jl'ive my execut.c.L.x.:all the powers that a fee simple owner )'l'ould have over the property comprisinl' my estate. ·

III !! m.::·- E!,(&;T,...' +sh-ou.ld net survioce me o:- should f':1i =fuse O!" be unsh1~ to :!.et :as ~xeeut...l:!LL_. then I appoint as alternatt: independent execut~. -.,J..JCZJj~-U-.&..Ju:t-.L....:U.r...I-Lhe-.---<=u.-4-P.Jr.....t).. - - - - - - - - · who s'hall act "'ithout bond and free of powers herein granted to my execut.c,4 ; and if my hould not survive me, my alternate execut _ _ _ shall also act as trustee for each descendant of mine living at my death who is a minor or under an~· other legal disability, with all the powers herein granted to my execut_, as well as those granted to trustees by the Texas Trust Act as now in force or as hereafter amended, devoting all or anr part of th.e income and pl'incipal of each descendant's share, as well as any other interest thereafter acquired b)· hin1 hereunder, to his maintenance, support and education until he shall attain the age of ___ years and until any other disabilit)' shall be removed, the share of any such descendant who ma)' die befo1·e attaining the age of_._ _ )·ears to pass in equal shares per stirpes to his descendants, if any, otherwise to my then living descendants in equal shares per stirpes. · If my_ _ __ _,should not sun·ive me, I appoin<--------------

----- ---- as l!'llardian of the person o{ each child of mine if a guardian should be Qecessarr during the minorit)· or other disability of such child, and I direct that no bond shall e\·er be required of an)' such gual'dian. SIGNED at_~L::.-'-=·:....:::.<21'-----·------• Texas on the of_ _ ::;r-~.J,(i)JGV , 19 ~. in the presence of the undersigned witn!lsses who ha\'e attested this instrulnent at my request. d . .~aL~~~ The abo\'e instrument was now here this_lf;l;_~; ~· tc:'£~~ pub- lished as last will and testament and signed by~ ~ , the testa~. in our presence. and we. at--l:t.l.rrequest, in___i::[[presence, and as;:sting ~·itnesses. ~~ r the presence of each other, sign our names

Rledat_o'dodtf.M.,~A.D.,20~'7 KimV.Vera,Co/~CourtOek !'?-:: ~~- _ w:1 --'>.L.!,=J~:!:::..!...;.I~=7.w:.-J,fCiif-J~9------- .. _ ·'·-" ,......-. ,.... _. 1

i1 ').,._ Benny D. Wilson Hans(ord County Judge 16 Northwest Court Spearman, Texas79081-2052 hansfordco@hotmail.com Phone: Major Cities ·Spearman Spearman 806-659-4100 Gruver Gruver Morse 806-733-2901 Fax 806-659-4168

February 16,2009

Kenneth Webb #1454974 3001 S. Emily Dr. Beeville, TX 78102

Re: Cause No. P02514 -Estate ofRellis Leon Easley

Dear Mr. Webb:

I received your request on 2-4-09.

It would appear to me that under Section 157.269 of the Texas Family Code that this "Child Support" lien within Moore County would not be within the jurisdiction of Hansford County Court.

Your request will be filed in Cause No. P02514, Estate ofRellis Leon Easley, Hansford County, Texas. ·

s/2:;v~ Benny D. Wilson Hansford County Judge

BDW/df Er5· 4f f f?. '·I Mar-19-09 11:03A H~nsford Co. Clerk 806 659 4168 P.Ol

TN THE ESTATE OF I IN THE COUNTY COURT .,I OF Relli.~ !.,eon Easlev I I HANSFORD COUNTY. TEXAS

ORDER TO TRANSFER TO DISTRICT COURT

BECAUSE 01•' REQURST by Heir lo /his Court, which has no at.tthority in requesJed maller, ll' IS JJEREBY ORIJERED thai Prohal.e Cause NtJ. P02514 jiled in thi.~t Cmut, will be transforred to the R4th Dis/riel CtJurl ofl/ansford County, Texas.

SIGNED ON the 181' day of March . 20-~0~9_

~~ BENNi.WJLSON, JUDGEPRE..WDING

, /SO llrlfa~1::0·~.3.:JE H OQ Kim V. V&a, Co'n;M G _. AD., 20 rur;]f. ourt Oerk -- I

'h.- .'5.1. f''::.L :113 -.- £'f.f, =~ ~-.

I~ if - ' Vol. 55 Pg. (o \ '2., IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

APPLICATION TO PROBATE WILL AND FOR ISSUANCE OF LETTERS TESTAMENTARY

TO THE HONORABLE JUDGE OF SAID COURT:

Lou Walker on behalf of Ke1111eth Glenn Webb ("Applicant"), furnishes the following

information to the Court in support of this Application for the probate of the written Will ofRellis

Leon Easley ("Decedent"), and for issuance of Letters Testamentary:

1. Applicant, Kenneth Glenn Webb by his attorney-in-fact, Lou Walker, is an individual

interested in this Estate, being domiciled in and residing at 120 Davenport, Borger, Hutchinson

County, Texas 79007.

2. Decedent died on March 9, 2007, at Amarillo, Potter County, Texas, at the age of67.

Decedent's domicile at the. time ofhis death was Spearman, Hansford County, Texas.

3. This Court has jurisdiction and venue is proper because Decedent was domiciled in

Texas and had a fixed place of residence in this County on the date of his death.

4. Decedent owned property described generally as real estate, cash, personal effects and ·- household goods of a probable value in excess of$25,000.00.

5. Decedent left a valid written Will dated January 20, 1998, which was neverrevoked

and is filed herewith.

6. A necessity exists for the administration of the Estate, specifically final bills need to

Filed at3 ~ o'dock"P. M., cg '.'2..C} A.D., 20 tl'7 1 Kim V. Vera~ Co/Oist Court Clerk /A Ha,nsf(\l"d County, Texas By CllA.WUJ~ ,Deputy be settled..

7. After the date of the Will, no child was born to or adopted by Decedent.

8. Decedent's Will named Ruby Pauline Speegle Webb to serve as Independent

Executrix to act independently without bond or other security. Ruby Pauline Speegle Webb. is

deceased, and cannot serve as Independent Executrix. Jaquita Pauline Alonzo was named as alternate

Independent Executrix but she has refused to serve as Independent Executrix. The only beneficiary

and . heir of decedent is Kenneth Glenn Webb, who is statutorily . disqualified to serve as Independent :• ..

Executor. Lou Walker resides in Borger, Hutchinson County, Texas. Lou Walker, individually, is

not disqualified by law from serving as such or from accepting Letters Testamentary, and would be

entitled to such letters.

10. No state, governmental agency of the state, nor charitable organization is narrted by·.

the Will as a devisee.

11. The Will was made self-proved in the manner prescribed by law and the subsctibitig

witnesses to the Will and their present addresses are Helen Lewis, whose address is Amarillo, Texas,

and Brenda Appel, whose address is Amarillo, Texas.

WHEREFORE, Applicant prays that citation issue as required by law to all persons interested

in this Estate; that the Will be admitted to probate; that Letters Testamentary be issued tO Lou Walker; and that all other Orders be entered as the Court may deem proper.

2 Vol. 55 Pg. (o\3

?.l ' l

No. PR0-2514

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY § OF § DECEASED § HANSFORD COUNTY, TEXAS

ORDER AUTHORIZING PAYMENT OF EXEUCTOR'S COMMISSION

On this 12_ day of mc,tc::l, , 2009, the Application for Executor's Commission filed by Lou.. Walker, . Executrix, was heard and considered by this Court, and the Court finds that the

Executrix has taken care of and managed the Estate in compliance with the standards set forth in the

Texas Probate Code; that the Executor's Commission requested is correct, reasonable, and just; that

the Executor's Commission should be paid; and that the Application should be granted.

IT IS THEREFORE ORDERED that the Executor's Commission in the amount of

$5,000.00 should be paid out of the funds belonging to the Estate of Rellis Leon Easley to Lou

Walker, Executrix ofthe Estate ofRellis Leon Easley, Deceased.

SIGNED this l2_ day of mcrrd, ,.2009.

~Q~ JUDGE RESIDING

APPROVED AS TO FORM: Law Office of Cecil R. Biggers P.O. Box 342 Filed at U-~'dockAM.,3.:l3= A.D., C9 (iJ

Speannan, Texas 79081 .(im V. Vera, Co/Dist Court Oer~

&~ou Tel: (806) 659-5531 Fax: (806),- (;1_59-5531 \ ~ __ ,epty -~ /<

By: -·:-- -Cecil . igge Attorney for Lou Walker State Bar No.: 02308500

c 3

~Jl~\>,$ ;e~·t( 1HE STATE OF TEXAS TO ALL PERSONS INTERESTED IN THE ESTATE OF RELLIS LEON EASLEY, DECEASED, NO. P02514, HANSFORD COUNTY COURT, TEXAS.

APPLICANT: LOU WALKER ON BEHALF OF KENNETH GLENN WEBB

Filed in the County Court of Hansford County, Texas, on the 29th day of August, A.D. 2007, an application for probate of the Last Will and Testament of said RELLIS LEON EASLEY, DECEASED, as Letters Testamentary. (The said WILL accompanying said application) .

Said application will be heard and acted on by said Court on or after 10 o'clock A.M. on the first MONDAY next after the eXPiration of ten days from the date of posting this citation, the same being the 10th day of September, A.D. 2007.

All persons interested in said estate are hereby cited to appear before said Honorable Court at said above-mentioned time and place by filing a written answer contesting such application should they wish to do so .

. The officer executing this citation shall post the copy of this citation at the Courthouse door of the County in which this proceeding is pending, or at the place in or near said Courthouse where public notices customarily are posted, for not less than 10 days before the return day thereof, exclusive of the date of posting and return the original copy"of this citation to the Clerk stating in a written return thereon the time when and the place where he posted such copy.

HEREIN FAIL NOT, but have you this writ before the·said court at _the time aforesaid, with your return thereon, showing how you have executed the same.

HAND AND THE SEAL OF SAID COURT AT OFFICE IN . THIS THE 3oth day of August, A.DFilea~QJ~.o'dockAM., cg..5C) A.D.,20(ff KIM v. VERA Kim V. Vera, Co/DistCourtOerk HAN~~~o~y CLFiRK · . _Hansford (:ounty_, Tex_as_ . B~fv~ftEPUTBy {114 dCLJL...l~ Deputy SHERIFF'S RETURN . ON.THE 30th DAY OF AUGUST, A.D. 2007, AT 8:5·0 O'CLOCK A.M.,. EXECUTED ON THE 30th DAY OF AUGUST, -A.D. 2007, BY POSTING A COPY OF THE WITHIN CITATION FOR TEN DAYS, EXCLUSIVE OF THE DAY bF POSTING, BEFORE THE RETURN DAY HEREOF, AT THE COUNTY COURTHOUSE DOOR, HANSFORD COUNTY, TEXAS, OR AT THE PLACE IN OR NEAR THE SAID COURTHOUSE WHERE PUBLIC NOTICES CUSTOMARILY ARE POSTED. RECEIVED- AOG 3 a ZOO? · "S:5o ANI DEPUTY BY:

RETURN TO COURT Vol. 55 pg·. lq 1'7 ,. . TO BE FILLED IN .PERSONALLY BY SELLER OR BORROWER WITH HIS OWN PEN e: GF# 2008-151 S B ECT PROPERTY· o¥1~inal Town of· INDEMNitY AND AFFfOAVfT AS TO DEBTS AND LIENS · Ail of LOt Number Four and the N/7; of Lot Number Five, Block 49 t Spearman Ransrord County, Texast as shown by the recorded plat - thereof in Volume 25. Page· 1, Deed Re~ords of Hansford County, Texas. · STATE OF TEXAS

COUNTY OP HA.NSFOHD

Contractor (if new construction) personally known to me to be the persol! whose name is subscribed hereto and upon hi$ or.th deposes and says that the marital status of affiant has not changed since the date of acquisition of said tlroperty and represents to the purchaser and I or lender in this· transaction that to my knowledge there are: 1. No unpaid debts for plumbing fixtures, water heaters, floor !ornaccs, air conditioners, radio or television anteonae, carpeting, rugs, lawn spl"inlcling systems, venetian blinds, window shades, draperies, electl'ic appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that t1o such· items have been purchased on time payment contracts, and there are no $ecurity interests on such property secured by financing statement, security agreement or otherwise except the following: · Approximate Amount

-----··----·~-- ------------·-- ;!, No loans or liens (including Federal or State Liens and Judgment Liens) of any lcind on such property except the following; Ap)JtoxlntAtt AmouJ_tt

_.._._, _ _..........._...... -..-.............;..;;.._·-·-· - -···-__......,:.;....,..;.o;;,_. II.

ftf"J~~tr'"~rid"~~11"e'ri:i!Q~~i":rilfe:~~~h~lru~-;r~{i:provcm":~~:rbe'~:~~~~cf;!op~~trl~e"t:e~.:Pifd?tr't,;d" t.here are n()W no unpaid labor o1· material claims agllin~t the irnprovemetlt$ c)r the pl"operty upon which same arc situated, and l hereby declare t.hat all surns of money due for the crecti<•n of imi)rOvemeots· have been fully paid and satisfied. INDEMNITY: 1 AGREE TO PAY ON DEMAND 'fO THE PURCHASERS AND/OR LENDER IN nUS TRANS- AC't'l'ON, THEIR SUCCESSORS AND ASSrGNS, ALL AMOUNTS SECURED BY ANY AND ALl: LIENS NOT SHOWN ABOVE, TOOE1'HER WITH ALL COSTS, LOSS AND A'rrOr<.NP.Y'S FEES THAT SAID PARTIES MAY INCUR rN CONN'ECTWN W'f'ffJ SUCH llNMimriONED LIENS, PROVlDED SAID LIENS EITHER CU~RENTl.Y APPLY TO SUCH PROPERTY, OTU.l•ART THEREOF, OR ARI:i SU6SEQUEN'f'l.. Y ESTABLISIU!D AGAINST SAID PROPERTY AND ARF. CREATED BY ME, KNOWN TO ME, OR HAVE AN INCEPTJON DATE PRIOR TO THE CONSUMMATION OF THtS TRANSACTlON.

I r~ulizo thllt the purchaser and/ or lender in this transaction are relying on the representations contained herein in pur- g same ot lending money thereon and would not purchase sltme or lend 'money therein unless. said representations de. f'f>.~W. tqL --·-·------..,...-------- ---------~---+- =----~-----~-~¢-- ~- 1· ...

Vol. 55 Pg. (p2,_{D No. PR0-2514

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

PROOF OF DEATH AND OTHER FACTS

On this day, Lou Walker ("Affiant") personally appeared in open court, and after being duly

· sworn, deposed and said that:

1. "Rellis Leon Easley (Decedent) died on March 9, 2007 at Amarillo, Potter County,

Texas, at the age of 67 years and four years have not elapsed since the date of Decedent's death.

2. "The Court has jurisdiction and venue over the estate in that Decedent was domiciled

and had a fixed place of residence in Hansford County, Texas on the date ofhis death.

3. "To the best of my knowledge Decedent died testate, and his Will was signed on

January 20, 1998.

4. "Citation has been served and returned in the manner and for the length of time

reqUired by the Texas Probate Code.

5. "A necessity exists for the administration of this estate.

6. "The Decedent's Will was self-proved.

7. "To the best ofmy knowledge, the Will filed for probate was never revoked by Rellis

Leon Easley.

8. "No state, governmental agency of the state, nor charitable organization is named by

l'O 9. A ;:4ft~the date ofthe Will, no child was born to or adopted by Decedent. Filed at~'dock~ \\ M.~AD., 20fl7 Kim V. Vera, Co/Dist Court Oerk

By ( ¥i4:B )· , Deputy 10. "Decedent had never been divorced.

11. "Will named Ruby Pauline Speegle Webb who is deceased to serve as Indepedent

Executrix to acti independently, the alternate was Jaquita Pauline Alonzo who has refused to seve as

Executris, and that the heir Kenneth Glenn Webb is legally disqualified from serving as Executor and·

the said Lou Walker is not disqualified by law from serving as such or from accepting Leeters

Testamentary, and would be entitled to such letters.

12. "To the best of my knowledge, the proof required for probate has been made, Lou

Walker is not disqualified by law from accepting Letters of Administration or from serving as

Administratrix and is entitled to such Letters."

Signed this ffiay of SQ..p}.

ou Walker

SWORN TO AND SUBSCRIBED BEFORE ME on this the \9.~ day or:;~~~....., 2007 by Lou Walker, to certifY which witness my hand and seal of office.

Kim V. Vera Clerk, County Court of Hansford County, Texas

/

Vol. 55 Pg. {p2_'1 No. PR0-2514_

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

ORDER PROBATING WILL AND AUTHORIZING LETTERS TESTAMENTARY

On this day came on to be heard the Application filed herein by Lou Walker on August 29,

2007, for the probate of the Will of Rellis Leon Easley, hereinafter called Decedent, and for the

issuance of Letters Testamentary.

The Court, after having heard and considered the evidence, finds that legal notices ofthe filing

of said Application have been issued and posted in the manner and for the length of time required by

law, and no one came to contest same; and it further appearing that said Will was executed on

January 20, 1998 with the formalities and solemnities and under the circumstances required by law to

make it a valid Will, was self-proved according to law during the lifetime of said Decedent; that such

Will has not been revoked by Decedent; that Decedent died at Amarillo, Potter County, Texas on

March 9, 2007; that this Court has jurisdiction and venue over the estate because Decedent was

domiciled in Texas and had a fixed place of residence in Hansford County, Texas at the time ofhis

death; that four years have not elapsed since the death of Decedent or prior to the said Application;

that a necessity exists for the administration of this estate, specifically pay debts oflast illness; that no

state, governmental agency ofthe state, nor charitable organization is named by the Will as a devisee;

that Decedent's Will named Ruby Pauline Speegle Webb who is deceased to serve as Independent

Executrix to act independently, the alternate was Jaquita Pauline Alonzo who has refused to serve as

Executrix, ~ that.the heir Kenneth Glenn Webb is legally disqualified from serving ~ Executor and FiledatrD'~ ;D~&:s,. 9-1~ •rzoC+f. · · ~1\\:V:~Q)~ ~~ailerk· j-H~ By fh..4J ' ' . Deputy I . '

the said Lou Walker is not disqualified by law from serving as such or from accepting Letters

Testamentary, and would be entitled to such letters and that Lou Walker should be appointed as

Independent Executrix.

IT IS THEREFORE ORDERED AND DECREED by the Court that said Will is hereby

proved and established and admitted to probate and recorded as the LAST WILL AND

TESTAMENT of said Rellis Leon Easley, Deceased, and that Lou Walker be, and is hereby

appointed Independent Executrix of said Will and Estate with bond set at $ A5 () 0. oJi!- . IT IS FURTHER ORDERED by the Court that Letters Testamentary upon the Will and

Estate ofRellis Leon Easley, Deceased, be and the same are hereby granted, that the Clerk shall issue

said Letters Testamentary to Lou Walker, as Independent Ex~cutrix, when qualified according to law,

and that no other action shall be had in this Court other than the return of an Inventory, Appraisement

and List of Claims as required by law.

SIGNED this/ CJ~ay of ~IML,/, 2007.

JUDGE SIDING

APPROVED AS TO FORM:

g Attorney for ou Walker State Bar No.: 02308500 P.O. Box 342 Spearman, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531 t .i.••

NOTICE TO CREDITORS

Notice is hereby given that original Letters Testamentary for the Estate ofRellis Leon Easley,

Deceased, were issued on September 19,2007, in Cause No. PR0-2514, pendingintheCountyCourt ··

ofHansford County, Texas, to: Lou Walker.

All persons having claims against this Estate which is currently being adiniriisteroo · are .. requited to present them to the undersigned within the time and in the manner prescnbed by law.

c/o: Cecil R. Biggers Attorney at Law P~O~ Box 342 Spearman, TX 79081

·tOtJ.. ~ n DATED thetf:_dayof~ 2007.

lg s Attoriley for Lou Walker State Bar No.: 02308500 P.O. Box 342 Spearman, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

PUBLISHER'S AFFIDAVIT

"I solemnly swear that the above notice was published once in the "Reporter-Statesman''.

newspaper, as provided in the Texas Probate Code for the service of citation or notice ofPubliCation,

and the date borne by the issue of the newspaper in which said notice was published was II No. PR0-1514

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY § OF § DECEASED § HANSFORD COUNTY, TEXAS

On this l l day of me,.re/, , 2009, t~e Application for Executor's Commission filed by Lou,. Walker, . Executrix, . was heard and considered by this Court, and the Court finds that the

Executrix has taken care of and martaged the Estate in compliance with the standards set forth in the

Texas Probate Code; that the Executor's Commission requested is correct, reasonable, and just; that

the Executor's Commission should be paid; and that the Application should be granted.

IT IS THEREFORE ORDERED that the Executor's Commission in the amount of

$5,000.00 should be paid out of the funds belonging to the Estate of Rellis Leon Easley to Lou

Walker, Executrix of the Estate ofRellis Leon Easley, Deceased.

SIGNEDthisl2_dayof a)ctrc:.{ ,.2009.

~DL..Lf2..e.. JUDG RESIDING

APPROVED AS TO FORM: Law Office of Cecil R. Biggers P.O. Box342 filed at U-~'dockAM.,3.:l3~ A.D., 01 Lv

Speannan, Texas 79081 Jim V. Vera, Co/Dist Court Gen.

~~.~ Tel: (806) 659-5531 Fax: (806),, (j.59-5531 \ /'

By: ,·: ... c -Cecll . igge Attorney for Lou Walker State Bar No.: 02308500

_30 -·2. ~' .

'}

CAUSE NO. CV-04982

IN THE ESTATE OF § IN THE 84TH JUDICIAL

RELLIS LEON EASLEY § DISTRICT COURT OF

DECEASED § HANSFORD COUNTY, TEXAS

MOVANT'S MOTION FOR THE COURT TO REMOVE INDEPENDENT EXECUTRIX LOU WALKER FROM HER POSITION AS EXECUTRIX OF THE ESTATE OF RELLIS LEON EASLEY

COMES NOW Movant, Kenneth ,~nenn Webb ("Movant"), in pro· se,

.making this his motion for the Court to remove independent Exec-

utrix Lou Walker from her position as Executrix of the estate

of Rellis Leon Easley, pursuant to the provisions of Texas Probate

Code, Section 149C. In support, Movant offers the following:

1. Movant is the sole heir and beneficiary of the estate

of Rellis Leon Easley. Movant has the burden to establish a violation of Sec. 149C. See Matter of Estate of Minnick, 653 s.w. 2d 503, 508 (Tex. App. Amarillo 1983, no writ).

2. Respondent, Executrix Lou Walker (Respondent"),

was appointed to. represent the estate of Rellis Leon Easley,

deceased in August 2007. The Respondent gave her Oath of Independ-

ent Executrix on September 19, 2007. On July 22, 2008, Lexon

Insurance Company insured the Respondent under bond number 1030021.

The Respondent was previously insured by Trinity Universal Insurance

Company under Bond# 0444115 on September 19,2007.

\- .' ·\'. . . :::. . -~t~

3. Respondent performed her administrative duties as Executrix

from the time of her appointment in 2007 until March 2009, which

is when the .Respondent unofficially stopped performing her ad-

ministrative Executrix duties of the estate and ceased all com-

munication with Movant. During March 2009, the Respondent was

paid a $5,000 commission for performing her executrix duties,

See exhibit A the probate of the estate of Rellis Leon Easley

was transferred from the Hansford County Court to this Court,

see exhibit B ; and the Movant, the Respondent, and the

Respondent's attorney, Cecil Biggers ("Biggers"), were embroiled

in a major dispute over the Respondent and Bi~gers gross mis-

management of the estate.

4~ On September 25, 2008 the Respondent and Biggers notified

Movant that the homesteaded real and personal properties of

the late Mr. Easley did not have any liens placed against such

properties. See exhibit~and~. Prior to this notification

Movant even informed the Respondent and Biggers that he had

heard from other family members that there may be a child support

lien placed against all .the· homestead properties and to invest-

igate if there is prior to selling ~he homestead properties.

See exhibit c . Relying on the September 25th notification,

and a telephone conversation with the Respondent prior to this

notification, in which the Respondent stated to Movant that there

were not any liens on the homestead properties, Movant authorized

2 the Respondent to sell the homestead properties so that Movant

could obtain the cash proceeds from the sale, which totaled

$18,232.34 prior to the Respondent's $5,000 commission being

deducted.

5. Immediately after entering into a contract with purchasers

Pedro Sanchez and Ester Sanchez, the Respondent and Biggers

informed Movant that there was a child support lien

placed against the homestead properties. After being informed

of this fact, Movant immediately notified the Respondent and

Biggers to cancel the sale of the homestead properties, exempted

from the lien's enforceability, until such time a ruling could

be made on the lien's validity, but Biggers informed Movant

he would not comply with Movant's request because the estate

would be liable for damages. See exhibit G

6. On January 23, 2009 the homestead properties were sold

to the Sanchez's and the $18,232.54 in non-exempt cash proceeds

were immediately placed in Biggers attorney trust fund account

and allegedly frozen because of the lien. see exhibitsD,E.

After the Respondent's $5,000 commission was deducted from the

$18,232.54 balance on March 13, 2009, the total balance remaining

is currently $13,232.54. See exhibit-A .

7. · Movant has suf Eered actual harm because of the Respon-

dent's and Biggers foregoing gross mismanagement of the estate

and breach of fiduciary duty. Movant is harmed because he is

3 i' t

now placed in the position of losing the $13,232.54 remaining

balance from the sale of the homestead properties, which would

never have occurred had the Respondent and Biggers informed

Movant of the lien prior to attempting to sell the homestead

properties. Movant believes, but cannot prove, that the Respon-

dent knew of the lien prior to attempting to sell the homestead

properties, but intentionally failed to disclose such to Movant

so that the sale would go through and so that she could obtain

the $5,000 cash commission she was not entitled to receive only

two months after the sale. See exhibit A .

8. The Respondent's attorney, Biggers, without informing Movant, filed application with! the Hansford County court to pay

the Respondent a $5,000 commission for serving as executrix,

which the County court approved on March 13, 2009. See exhibit2L.

The Respondent and Biggers .apparently failed to disclose to

Judge Wilson that the Movant had already paid the Respondent

for all of her executrix duties by giving her a 4x4 Chevrolet

pickup truck appraised at $8,500, See exhibit I and J , which

occurred on September 28, 2007. And the Respondent and Biggers

also apparently failed to disclose to Judge Wilson that the

Respondent's additional $5,000 commission would be paid with

frozen lien money.

4 I' t

9. After being paid the $5,000 commission, the Respondent immediately ceased all communication with the Movant because

of the dispute over the sale of the homestead properties.

10. Respondent refuses to disclose to Movant what the

disposition is of all the remaining, unaccounted for property

items, as described in Movant's exhibit __K__ , that were under

the care and control of the Respondent when she ceased from

serving as Executrix in 2009. This is also proof of the Respon-

dent's gross mismanagement of the estate. Since March 2009,

Movant has written the Respondent numerous times in an attempt

to determine the disposition of the many property items described

in exhibit K , but Respondent refuses to reply.

11. Pursuant to Texas Probate Code, Section 149 C (a), this

Court may remove the Respondent from serving as Executrix of

this. estate:

a. For failing to return an inventory of the estate's

property;

b. When sufficient grounds appear that she has misapplied

or embezzled any part of the property committed to her

care;

c. For failing to make an accounting;

d. For failing to file notice required by Sec. 128 A;

e. When it is proved she is guilty of gross misconduct or

gross mismanagement in the performance of her duties;

and

5 I' I

f. When she becomes incapacitated.

12. Movant asserts that the Repondent has embezzled part of

the property committed to her care. See Texas Probate Code,

Section 149 (a)(2). Specifically, the Respondent f,a:iled to ap-

prise the County Court on March 13, 2009 that she had already

been paid for her executrix service in full when Movant gave

her the $8,500 4x4 Chevrolet Pick-up, See paragraph 8, which

her attorney, Biggers, was also aware of as well when he signed

the order authorizing the additional $5~000 commission to be

paid to the Respondent. The Respondent receiving a total of

$13,500 as payment fo~ her services as executrix for such a

small estate is unconscionable, especially when she acquired

the additional $5,000 under false pretenses. Moreover, the

Respondent violated Texas Probate Code, Section 331 when she

accepted the $8,500 4x4 Pick-up truck as commission .for her

services and subsequently sold it for cash without first ob-

taining an order of the Court authorizing the same.

13. Movant asserts that the Respondent may have embezzled,

destroyed, lost, or given away without authorization property

items described in exhibit K which are valued at several

thousand dollars. As to the estate checking account at First

State Bank in Spearman, Texas (checking account No. 203424),

See exhibits L and M , which has been under the sole control

of the Respondent since 2007, the Court will have to order the

6 Bank to provide the records of account No. 203424 from 2007 to the present to investigate and determine if the Respondent

has embezzled any funds from this property item. Movant strongly

belives embezzlement of property described in this paragraph

has occurred because of the Respondent unjustly obtaining

the $5,000 commission decribed in paragraphs 7-9, 12 above,

then ceasing all communication with Movant thereafter in regard

to the property items decribed in this paragraph.

14. Movant further asserts that the Respondent has committed

gross misconduct or gross mismanagement during the performance

of her duties based on the following:

a. Breaching her fiduciary duties that resulted in actual

harm to the Movant when the Respondent and Biggers

informed Movant that there were no liens placed agai-

nst the exempted homestead real and personal

properties described in exhibits D and ~' when there was a lien placed against such properties,

resulting in the actual harm described in the above-

stated paragraphs 3-7, as well as the harm that resu-

lted when Movant had to spend $2,500 to retain the

services of attorney George Harwood for this specific

issue.

7-x ( :'

71 b. Intentionally committing a wrongful act by receiving

an $8,500 4x4 Chevrolet pickup from Movant as full

payment for her duties as executrix, which the Respon-

dent never fully completed, and failing to inform

the Court of such prior to selling the truck thereafter. Further, petitioning Hansford County

Court for an additional $5,000 in cash for executrix fees while knowing she had already been paid in full

with the $8,500 4x4 pickup. See paragraph 8.

The obvious harm to Movant is that he has lost $5,000

of estate money.

c~ Failing to continue to serve as Executrix of the estate

after being paid the additional $5,000 commission

on~ March 13, 2009, as well as ceasing all communicat-

ion with Movant thereafter. The harm is Movant may

have to lose additional money for another executor.

d. Failing to inform the Court or Movant about

the disposition and location of all the property items

described in above-stated paragraph 13. The harm

to Movant is that he may have lost several thousand

dollars worth of estate property.

8 t' lf

15. the case law is clear: "Gross mismanagement" or qross

misconduct" in performance of independent executrix duties that

warrant removal of executrix include, at minimum, willful

omission to perform legal duty, intentional commission of wrong-

ful act, and breach of fiduciary duty that results in ~ctual

harm to a beneficiary's interest. Geeslin v. McElhenney, 788

S.W.2d 683 (Tex.App.-Austin 1990); Lee v. Lee, 47 S.W.3d 767

(Tex.App.-Houston [14th Dist.] 2001.

Wherefore, premises considered, Movant prays that after this

Court orders the Respondent to perform a full accounting of

the estate, pursuant to Movant's motion demanding such filed

on the same date as this motion, as well as an inventory of

current estate property, that she be dismissed as serving as

executrix of this estate, based on the foregoing acts

as decribed· herein.

f Movant also prays that this Court appoint a new executor or

executrix if it is necessary to finalizing the remaining estate

business and closingthe estate. The Court will have to appoint

a court-appointed executor or executrix, as Movant does not

know of any person willing to serve in this capacity. /

9 Moreover, Movant prays for the Court to order the Respondent

to repay, through her own funds or through a claim filed with

her executrix bondinq company, Lexon: tT.exas) _ .. Insurance corn-

pany, See exhibit~, the $5,000 commission the Respondent should

not have been paid, as well as the actual or appraised costs

of any other property mismanaged or embezzled.

Movant further prays for this Court to order the remaining funds, if any, in First State Bank Checking account No. 203424

to be transferred into the Court's registry for safekeeping .

.Lastly, Movant prays for any other relief to which he may

be entitled.

Kenneth Webb TDCJ-CID No. 1454974 McConnell Unit 3001 s. Emily Dr. Beeville, Texas 78102 ph •. 361.362.2300

Movant pro se

10 l

VERIFICATION Pu~suant to Texas Civil Practices and Remedies Code, Section

132.001 I Kenneth Glenn Webb, TDCJ-CID No. 1454974,

beinq presently incarcerated in the TDCJ-CID McConnell Unit

in Beeville, Bee County, Texas declare under penalty of periury

that the foreqoinq is true and carrect.~w

Kenneth Glenn Webb Movant pro se

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of

the foreqoing instrument was mailed first class u.s. mail, pos-

taqe prepaid, on this the 9th day of May, 2011 to the following:

Ms. LOU Walker c/o Cecil Biggers Attorney at Law P.O. Box 342 Spearman, Texas 79081

11 CAUSE NO. CV-04982

IN THE ESTA'rE OF § IN THE

RELLIS LEON EASLEY, § 84TH JUDICIAL DISTRICT COURT

DECEASED § OF HANSFORD COUNTY, TEXAS

DECLARATION OF DECLARANT KENNETH GLENN WEBB

I Kenneth Glenn Webb, declare under penalty of perjury the following:

II Prior to making application for the sale of the real and personal Homestead Properties located at 111 South Barkley, Spearman, Texas, 79081 on September 26, 2008, I made it very ·clear to the Executrix, Lou Walke~ not to sell the properties if there was any lien placed against these properties. She assured me that there was no liens, and further stated that estate attorney Cecil Biggers had clearly informed her of this fact.

II On or about September 2008, I was called to the McConnell Unit Prison Law Library to have an attorney conference phone call with Executrix Lou Walker. During the teleconference, Ms. Walker informed me that there was someone interested in purchasing the Homestead Properties for $20,000.00 cash. I again asked her if there was any lien and she said, nNo 11 • I then told her to go ahead and sell. See attached paperwork.

II Some time later, Ms. Walker suddenly informed me that there was a lien against the Homestead Properties. In desperation, I immediately wrote estate attorney Cecil Biggers instructing him to cancel the sale of the Homestead Properties. Mr. Biggers wrote me back informing me that he would not stop the sale of the Homestead Properties because the estate would be liable for damages in doing so.

; ·~

41 ~ ....... ,

" After finishing the sale of the Homestead Properties, Mr. Biggers refused to give me any of the money citing the lien, yet gave Ms. Walker $5,000.00 of the money shortly after the sale was final.

" Mr. Biggers then informed me that he would file some paperwork with the Court to have the lien removed so that I could receive my inheritance, but Mr. Biggers never did.

II After November 2010, I never heard from Mr. Biggers again, in spite of writing him letters.

" After March 2009, I never heard from Ms. Walker again, in spite of writing her letters.

" In October 2009 I paid Amarillo Texas attorney George Harwood $2,500 of the remaining estate money I had been previosly given to try to remove the lien, but Mr. Harwood took no actidn.

" In April 2011, and out of desperation, I wrote Judge Smith asking him to allow me to proceed in Pro Se so I could resolve the lien matter since all the attorneys did not want to or did not know how to.

" I have been through a lot of stress trying to do the right thing in getting my father's estate probated fairly. Many people have taken advantage of me because of my being incarcerated. It seems that everyone else is receiving the majority of my father's estate except for me.

" I would also like to mention that I personally paid a man named Jesse Browning, Spearman, Texas $1,100 of my own money so that the Homestead Properties could be made-ready for being sold. See attached paper work.

II Further, Declarant saith not."

'~·--- I .. ,.

cL-/:zd Kenneth Glenn Webb Pro Se

I, Kenneth Glenn Webb, TDCJ-CID No. 1454974, being incarcer- ated in the TDCJ-CID McConnell Unit in Beeville, Bee County, Texas, declare under penalty of perjury that according to my belief, the facts stated in this inmate declaration are true and correct.

Signed on:

fvlay 09, 2011 Kenneth Glenn Webb Pro Se

3 /)' I ('.

1 03 PAGE 1 ESTATE OF R L EASLEY ACCOUNT 0203424 LOU WALKER, EXECUTRIX 216 MAPLE STATEMENT PERIOD BORGER TX 79007 07/03/2009 TO OB/03/2009

MAIL STATEMENT

------------------------ C H E C K I N G S U M M A R Y --------------------- REGULAR DDA 0203424 CHECKING BALANCE LAST STATEMENT....... 3,440.98 DEPOSITS ......•.... - . . 00 OTHER C~EDITS... . . . . . . 00 1 CHECKS............... 10.12 OTHER DE3ITS.... ... .. .00 ~ CHECKING BALANCE THIS STATEMENT....... 3,430.86 ----------------------------- F E E S a M M A R Y -------------------------- TOTAL FEES IMPOSED .00 ~------------------- N S F/0 V E R D R A F T S U K M A R Y ----------------- CURRENT STATEMENT NSF RETURNED ITEM CHARGES .00 CURRENT STATEMENT NSF PAID ITEM CHARGES .00 CURRENT STATEMENT OVERDRAFT CHARGES .00 CUR STMT TOTAL FEES CHARGED FOR PAYING OVERDRAFTS .00 YTD NSF RETURNED ITEM CHARGES .00 YTD NSF PAID ITEM CHARGES .00 YTD OVERDRAFT.CHARGES .00 YTD TOTAL FEES CHARGED FOR PAYING OVERDRAFTS .00

--------------------------------- C 3 E C K S --------~---------------------- DATE . . . . . . . . . CHECK NO . . . . . . . AMOUNT DATE . . . . . . . . . CHECK NO . . . . . . . AMOUNT 07/10 1648 10.12

---------------- D A I L Y B A L A N C E I N F 0 R M A T I 0 N ------------ DATE . . . . . . . BALANCE DATE . . . . . . . BALANCE DATE . . . . . . . BALANCE 07/10 3,430.86

The debit cards we use are protected by FRAUD WATCH PLUS. If suspicious activity is noticed on your card, FRAUD PREVENTION SERVICES will call to notify you. ~' . I hereby request and authori;; you_ to represent me asmy Attorney in Fact and !n . Law as related to the followillf: r c) t, ~ f- ~. ~ r /-?-{ r/2 t, !}. (_ e-j(;.s ~e ch1 E--~, (-e. ~.c T To include any kaims and actions agains~ i · taf'pers~gency, 1. vt. 1

corporations who may appear to be related to this case.

As compensation for your seryices as Attohy, I agre o pay you as follows: . fQ.{W, {U ~ ~ r-q itU?-{_.. ~~(!r.?:? .A _ d.:.. ft-r . 1 c/. . . I understand that ifis1ihp~ this time to spe ff the exact nature, e~tent, and difficulty of the contemplated services and the time involved in rendering those services. You, as my Attorney shall exert your best efforts at all times to represent my .interests and rights.

In connection with services rendered by you as my Attorney, you shall be compensated for addjtional services not contemplated in the above estimate at a minimum hourly rate of$ :l&o .{)o per hour. I understand that out of pocket expenses will be billed to me, and I agree to pay you in all events for sums actually paid by you for investigations, preparing claims for trial, court costs, or other such expenses.

r understand that I will be billed on a regular basis for your services and I agree to pay these bills when received, unless other arrangements are made. I further understand thafin the e:vent my account with you is not current that you may withdraw from representing me. (This contract is effective upon the recei .of$ .zo Yc £2h as retainer.)

Dated:

I agree to act as Attorney on the above stated basis. ---·-··---------·· __fi~J{ev ac..a£.~_C2f.__i?owa _(jf?__.i!av er___a{!_ . . ~---·-·---------~·-···---···- -·-·--~ -.:l!:t:uac~~--------~----···-------------··-----·· -----~----···-------·-- --.-·~-"·~ '>-.<- ·~ ,..-. ~--~.,~·---·-~ .......,.,., ... . _ 0 ''""'• .,._,_,.,___,..,,..... ~~-·->C'-'•~;_,.._ '""~---.·~~--- _.. ..... ,-.....=,_........,..,_...,.... _ _ ~~-~·· .. •<.<.'-~-·~--__,_~-,,, ...... ....,-.-...-..-A-~-~~ .... ~0·~~ .........,.,,-.., .,.,.,.,_.,.....,......, ~~-~K•O "··--·~·...- ....,.....,_.,..,...... ~,.,.,_ .. , •._. ....,.........,,,, ,,••..,._ ... ~,.,., ..._,........,.._,_,~-··, ,.,.,,,. -~- !7"~·'·' ;-,C,.-,o,o

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-~~--~=~~!~~~~~~~~-~--~~-~~=~=~~====~~= . . . . -.. . . .:--·-------------~' .!c;.~C:':') ....Lli(l , ___ __de;____. __________ ... _________ . _____ r _ :.. t c/"aL. . .}I.e/s,-~_/M7~---------·-···-··--·-- _,#v:_ ~·j_ ""~

·--.. . . ... . . . -·-·- ·-.. . . . -. " ....- . . . . . . . . . . _·-···-·---.---·-..·---.---·-----·-..~--. -- ....... ---·--···--···-··-~..(C;.~r:J-~r:R:\............_______._.___________ :....... .. . ~ ~ ;

.• ~ :_~--==: ·---:~=:=:_-_:::=-~~~=-:~=-_:::: .• =·==~~~~=:.:.=-~ - .-~ ••••• • _ _,,, ,-.~~-~ <""" --~···-~," '><." · - .,-.__ -• ' ·•··-~~--• • · - · · ~-• •···~· "'~~---.~-.--,.. ~ ,. • -.·'-•••·- .... _ · · - • " ,., ~ ,., •··•·•~ ~ • ·•, __,. ..... • ~ ,.,.,,..,.,_,.._,~~·'"""'..,. ~->-·· ~>e·•"' ,_..,~_,.. __ """'._"-"' ''-"' -~ • • ,~.., .v.- ,,, ''" -~·e-~h '"-"'"•' , , .. ·~ ~·,,.,,..... ,.._ ·,•.,.-- .,.., --·~ -.. 2009014912 PG

REVOCATION OF POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS, THAT:

I, Kenneth Glenn Webb, an inhabitant of Bee County, Texas, do hereby wholly revoke,cancel, and annul all Powers of Attorney, in fact or otherwise, signed by me, my agent(s),parents, parens patriae, implied in law, or by trust, voluntary or involuntary, with or without my informed consent and knowledge, with, to and/or for Lou Walker of 216 Maple, Borger, Hutchineon~Oourtty, r~exas•as these revoked Powers of Attorney pertain to me, and all property, both real and personal, obtained by me in the past,present or future.

ANYTHING NOT LISTED IS NOT~;:WAIVED BY OMISSION.

Kenneth Glenn Webb

State of Texas ) )ss: County of Bee . ( )

On Ehis ~~, day of July, 2009, A.D., before me, the under- signed, :a~ry Public in and for said State, personally appeared Kenneth Glenn WebbJ known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name subset~b~d~to the within instrument, an acknowledged to me that he executed it.

Witness my ha~d and ~~~ Seal: ~~~~--~~~~------------~ y ~ublic My Commission Expires ·-\..., ".\""' N'"\ li~\L/\uv- _ 01 -U -l:l~\---'"'--\--\------'1-- -:!:\) 0 T .t:K:> ~ \Ll S"\ <\'1 \ 1 E R MOORE

FIL~D AND RECORDED OFi'·lC IAL PUBLIC RECO!'

2009014972 FEE : $16 . 01?

Randall County TEXAS eX~~ P: 2'-t" DATE 07/30/2009 HANSFORD COUNTY/DISTRICT CLERK RECEIPT # 18474 #15 N.W. COURT - 806 659 4110 TIME 12:23 SPEARMAN, TEXAS 79081 FILE # M06391

RECEIVED OF: WEBB,KENNETH

FOR: WEBB,KENNETH

DESCRIPTION: RECORDING/364-193/REVOCATION OF POWER OF ATTY/ WEBB TO WALKER AMOUNT DUE $16.00

AMOUNT PAID $16.00

BALANCE $.00

PAYMENT TYPE 0 CHECK NO 09-139680879 COLLECTED BY CW REVOCATION OF POWER OF ATTORNEY

I, Kenneth Glenn Webb, an inhabitant of Bee County, Texas, do hereby wholly revoke,cancel, and annul all Powers of Attorney, in fact or otherwise, signed by me, my agent(s),parents, parens patriae, implied in law, or by trust, voluntary or involuntary, with or without my informed consent and knowledge, with, to and/or for Lou Walker of 216 Maple, Borger, Hutchinson County, Texas as these revoked Powers of Attorney pertain to me, and all property, both real and personal, obtained by me in the past,present or future.

ANYTHING NOT LISTED IS NOT WAIVED BY OMISSION.

~HUJ Kenneth Glenn Webb

State of Texas ) )ss: County of Bee )

On this ] , day of July, 2009, A.D., before me, the under- signed, a Notary Public in and for said State, personally appeared Kenneth Glenn Webb, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name subscribed to the within instrument, and acknowledged to me that he executed it.

Witness my hand and Seal:

.: @ • ··' _U . ··: '· . . . . . . . . . . . . . . . . . . . . . . . . Ill

• .·. '· Joe Richard Martinez .....

Notafy Public. State of Te•as .• . . ·

......-.......' ...' ...... • ·_. .. .... My tommission Expires ' • . . 08 30 2009 )

N·ofary INitheu·t Bond • •@~a8@'ir.Z Clay Schnell, Executive Vice President & Chief Financial Officer

January 31, 2011

Kenneth Webb 3001 S. Emily Dr. Beeville, TX 781 02

Kenneth,

I am sorry to inform you that we are unable to release any information or transfer any funds on an estate account without the direction of the executor or a court order. Thank you for your inquiry.

Thank you,

R. Clay Schnell

P. 0. BOX247 Spearman, Texas 79081 806 I 659-5565 ,.... _,.. / .. '~. CAUSE NO. CV-04982

IN THE ESTATE OF § IN THE

MOVANT'S MOTION FOR THE COURT TO DISMISS THE

ESTATE'S ATTORNEY OF RECORD CECIL BIGGERS

Comes now Movant, KENNETH GLENN WEBB (Movant), in ProSe,

motioning the Court to dismiss the Attorney of Record appoint-

ment of estate Attorney Cecil Biggers, pursuant to all appl-

icable rules of the Texas Probate Code. In support, movant offers the following:

1. Movant is the sole heir and beneficiary to the estate of Rellis Leon Easley.

2. On August 13, 2007, Lou Walker ("Eiecutrix"), the Ex- ecutrix for the estate of Rellis Leon Easley, retained the legal servicesofSpearman, Texas attorney Cecil Big- gers ("Biggers") to represent her and the estate. See Exhibit - - - "A 0-----

3. Movant moves the Court to dismiss Biggers estate At- torney of Record appointment based on the following reasons:

a. On February 04, 2009 Biggers stated in a letter to Movant that he never informed Movant that there were not any liens filed against the exempt, homestead pro- perty of the late Mr. Easley prior to entering into contract to sell the real and personal homestead property,

1-37

''"'I l..., ........ r1

see exhibit --'--- B when there was a lien placed against such property and when the Executrix, who Biggers rep- resents, stated in writing at the time of making ap- plication to sell the homestead property that there were not any liens against the property. See exhibits C -~- and D Regardless, Biggers had an attorney duty to determine if there was a lien against the home- stead property, and to inform Movant of such, prior to making application for sale and prior to entering into any contractual agreement to sell lien exempt home- stead property and subject the non-exempt cash proceeds from the sale to the enforcement action of a child support 1 ien. See exhibits ---~- E and ---~--- F

b. On February 04, 2009 Biggers also stated in a letter to Movant that Movant's father, the late Rellis Leon Easley, "did not file an answer" to the Moore County, Texas Child Support lien issue, see exhibit B , when the truth is Mr. Easley did file an answer to such on March 06, 2003 asserting several defenses regarding the lien being invalid and unenforcable because of laches and the statute of limitations mooting the child support arrearages and eventual judgement that became the basis of the lien. See exhibit G

c. On March 13, 2009, Biggers allowed Hansford Co. County Court Judge Benny Wilson to authorize paying the Executrix $5,000.00 of frozen estate lien money from the $20,000.00 sale of the homestead property as payment for her execut- rix duties, when the Executrix had not completed her duties as Executrix of:the estate, and when Biggers and the Exe~utrix failed to inform Judge Wilson that the Executrix had already been paid in full for her executrix services when the Movant had previously given her an $8,500.00 4 x 4 Pick-up truck.

d. On November 04, 2010--the last date Movant·:-had received any communication from Biggers-- Biggers stated

2-/ 1 ..

in a letter to Movant that "We have drafted a Declaratory Judgr.- ment action to have the 84th Judicial Court rule on the validity of the child support lien". See exhibit H Biggers never filed this action and never sent a copy of it to Movant's former attorney Mr. George Harwood, who no longer represents Movant but who was representing Movant on November 04, 2010.

e. On Novemeber 04, 2010 Biggers also stated in a letter to Movant that "We will be paying the remaining eatate funds from my trust account into the registry of the Court for disbursement according to the order of the Court. The amount is $13,232.54." See ex- hibit H This transfer of funds never occured, so movant isj!>.O-concerned these funds may have been embezzled.

f. After Novemebr 04, 200 Bigg~rs has ceased all ~ommunication with Movant and the Court has failed to perform any work in re- gard to resolving the remaining issues of the estate. Biggers has refused to ieply to Movant's letters.

g. After MaTch 13, 2009 Bigger's failed to inform this Court and Movant that the Executrix, on her own accord, has stopped serving as executrix of the estate. The Executrix has failed to reply to a single· letter that Movant has written to her about the estate, including letters about the disposition of the estate~

remaining property items.

~ WHEREFORE, PREMISES CONSIDERED, Movant prays for this Court to k

order Biggers to account for and transfer the $13,232~54 of estate money that it allegedly in his attorney trust fund account in to this Court's registry until a·ruling by this Court is made ~on the validity of the child support lien.x

Movant also prays that this Court, based on the foregoing facts, immediately dismiss Biggers Court appointment as an attorney of record for the estate of Rellis Leon Easley.

Lastly, Movant prays for any other relief in which he may be entitled.

3-/ Kenneth Glenn Webb TDCJ-CID No. 1454974 McConnell Unit 3001 South Emily Drive Beeville, Texas 78102

Pursuant to Texas Civil Practices and Remedies Code, Sec~

132.001 132.003, I Kenneth Glenn Webb, TDCJ-cro No. 1454974, being presently incarcerated in the TDCJ-CID McConnell Unit in Beeville, Bee County, Texas declare under penalty of perjury that the foregoing is true and correct.

Date:

May 09, 2011 Kenneth Glenn Webb Movant Pro Se

I do hereby certify that a true and correct copy of the fore- going instrument was mailed First Class u.s. Mail, postage paid, on this the 9th day of May, 2011 to the following:

Cecil Biggers Attorney at Law P.O. Box 342 ·. Spearman, Texas 79081

4 Law Office of CECIL R. BIGGERS P.O.BOX342 SPEARMAN, TEXAS 79081

Telephone: 806-659-5531 Paralegal: Yvette Hopper Telecopier: 806-659-5531 e-mail: biggerslaw2@ptsi.net

November 4, 2010

Mr. Kenneth Webb 1454974 3001 Emily Dr. Beeville, TX 78102

Re: Estate of R.L. Easley, Hansford County, Spearman, Texas

We have drafted a Declaratory Judgment action to have the 84th Judicial District Court rule on the validity of the child support lien. I have previously contacted your Amarillo attorney on several occasions and will send him a copy of the proposed action for his comment prior to filing with the court

You have previously been provided with copies of the ac:c:C?RI'l~. W~~~J!J,b~ p~ying the relll~!!m8:~1~1Iffinq~s]foirCmy~lrusfaccounfint~'fn~~fiigistry of the cou,rt_~<>r . . disDursernent according to the ordefofthe court The amount of the funds to be tendered . into·the·reglstryls'$T3;23"2~54':''--·...... ,,.~..,,.,...".

Since the 84th Judicial District Court still has jurisdiction over the estate by transfer from the County Court; we will file the paperwork to close the estate as soon as we have a ruling on the Declaratory Judgment action.

We will provide you with file stamped copies of the paperwork.

CRB:crb Law Office Of CECIL R. BIGGERS P.O. BOX342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: biggerslaw2@ptsi.net

June 12, 2008

Mr. Kenneth Webb #1454974 McConnel Unit 3001 S. Emily Dr. Beeville, TX 78102

Re: Estate of R.L. Easley, Deceased; Hansford County, Texas

Pursuant to your letter dated May 28, 2008, enclosed please find the following in regards to the estate ofMr. Easley.

1) 1099-Misc Income form from SNW Operating Company (showing total monies paid. for 2007); 2) 1099-Misc. Income Form from Cavallo Energy (showing total monies paid for 2007); 3) 1099-Misc. Income form from Linn Operating, Inc. (showing total mo'nies paid for 2007); 4) 1099-Misc Income Form from DCP Midstream (showing total monies paid for 2007); 5) Direct deposit form from DCP Midstream; and . 6) 1099-Misc. Income form from Valero Marketing & Supply Co. (showing total monies paid for 2007).

All of the enclosed royalties have been transferred to you.

Most oil companies will not issue a check or make a deposit to your bank account until the payment is at least $100.00 or if it is less than $100.00 for the year they will make a check or deposit once a year.

So far, it appears that the lands that the royalties are coming off of you do not own an interest in. If you owned an interest in the land you would have to pay property taxes in each county that the land is located in.

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51 -- .! :: \.· lf \'i.~ .. , "' Law Office Of \-,.1

CECIL R. BIGGERS P.O. BOX342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: biggerslaw2@ptsi.net

July 24, 2008

Mr. Kenneth Webb #1454974 McConnel Unit 3001 S. Emily Dr. Beeville, TX 781 02

Re: Estate ofR.L. Easley, Deceased; Hansford County, Texas

In response to your letter dated June 30, 2008, wherein you questioned if royalties be deposited into your bank account in Borger, Texas. Ms. Walker has setup with all of the oil companies when disbursement of royalties is made the funds will be deposited into your bank account in Borger, Texas.

In response to your question ofwhy Ms. Walker's name is on the division orders, Ms. Walker is signing your name by her as Power of Attorney. The documents will reflect Lou Walker as Power of Attorney for Kenneth Webb.

The estate has been open for 10 months as of July 19, 2008. The estate is still open in order to sell the real property of the estate. As soon as the real property is sold and Ms. Walker has concluded any other remaining business of the estate, we will close the estate.

In response to your request for an accounting I will ask Ms. Walker to forward to you a copy of the estate bank account along with the photocopies of the checks issued by her on behalf of the estate. Thank you for your cooperation in this matter. If you should have any questions please do not hesitate to contact me.

Sincerely yours,

Yvette L. Hopper Paralegal

YLH:yh Enclosures

Cc: Ms. Lou Walker Law Office of CECIL R. BIGGERS P.O. Box 342 Speannan, Texas 79081

Telephone: 806-659-5531 Paralegal: Yvette Hopper Telecopier: 806-659-5531

September 26, 2008

Mr. Kenneth Webb #1454974 McConnel Unit 3001 S. Emily Dr. Beeville, TX 78102

Re: Cause No. PR0-2514; Estate ofRellis Leon Easley, Deceased; Hansford County Court, Spearman, Texas

As Ms. Walker has informed you, she has received an offer of sale on the real property located in Spearman, Texas.

In order to proceed with the sale, Ms. Walker must file an Application for Sale of Real Property and Application for Sale of Personal Property (mobile home elected as personal property on title); with the Court and you must be served with a citation or file a Waiver ofService ofthe filing ofthe application of sale.

Enclosed please find copies of the applications for sale that have been filed with the Hansford County Court.

Also, enclosed please find two (2) Waivers of Service, one for each application.

In order for the sale to proceed we will need you to sign both waivers and return the executed waivers to me for filing with the Court.

Once the signed waivers are received back and the expiration often (10) days from the date of filing the applications for sale has expired; the Judge will consider the applications and if meets to his approval sign an Order of Sale. After the Order of Sale is signed then Ms. Walker can proceed with sale of the property. . ---~--8/_~.9&sJ A Jf..::Z: ..A+ ;. .A w ~~-'- y_lt~·-· ..... .

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......;..._____ ~-·-··-'-~ -··--·····-···--~·-·o> ··.::~~'-·-···· . -·---·---....-·A\{ ~'"'I Law Office Of CECIL R. BIGGERS P.O. BOX342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: bi~gerslaw2@ptsi.net

January 9, 2009

Mr. Kenneth G. Webb TDCJ #1454974 3001 S. Emily Drive Beeville, TX 781 02 Re: Estate of .R.L. Easiey, Decea-sed

Enclosed please find a copy of the child support lien filed on May 28, 2003. Also enclosed is a copy of the title insurance commitment on the sale of real estate.

As you know, I represent the Estate ofR.L. Easley, Deceased.

Your interpretation of Texas law is misplaced. An heir to an estate receives "title" to the property of the estate upon the decedent's death; however, that property is received subject to all claims and liens. A child-support lien does not "expire" after four (4) years. A further problem is that mineral interests (including royalty interests) are subject to such a lien.

In this instance, the sale will proceed as the Court has approved the sale and the estate is bound by contract. If we were to cancel the contract, the estate would be liable for damages.

The proceeds of sale will be deposited in a trust account to be held until we can best clear this lien either by payment, negotiation, or court order.

We will keep you informed as this matter progresses.

-·· CRB:yh ~tfP.l '(

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.--· p. 16

kilWOUiillJ Of ~ft:H~fifl• t;:!#t!rJ.. fl! P.O. Box 342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: biggerslaw2@ptsi.net

January 29, 2009

Mr. Kenneth G. Webb TDCJ # 1454974 McConnell Unit ~001 S. Emily Drive Beeville, Texas 78102

Re: Estate of R.L. Easley; Child Support Lien

I have received the copy of the letter you sent to the Hansford County and Moore County Clerks. Please understand that this letter does not accomplish anything and that the clerks merely forward a copy of the letter to me. Any motion that you file will be disregarded. When you file a "motion" that motion must be set for hearing with the court and a ruling obtained thereon. While you are serving a sentence, you cannot attend a hearing. In your letter you reference Family Code Section 157.005. This section refers to the time to enforce a child support arrearage by contempt (motion for enforcement). It is not a general statute of limitations! The matter we are dealing with is a Child Support Lien which is ba$ed on a Judgment for child support arrearage. If you research Judgments, they are enforceable for ten years, and may be renewed in ten year increments by filing a writ of execution within the ten year period. The death of the person owing the child support and the death of the person to whom the support should be paid does not extinguish the lien. The lien continues for the benefit of adult "children". !'Laches" only applies after the passage of a period of time (usually 'long') and is applied on a "case by case"

~~ p,~i, 2l

basis by the court. In short, the doctrine of "Laches" does not apply in this matter. The temporary solution is that the proceeds of sale are being held in my trust account after payment of expenses of sale. We are researching the proper disposition of this matter and we will inform you when we have a course of action; If you have any questions please do not hesitate to contact me.

CRB:ylh Law Office Of CECIL R. BIGGERS P.O. Box342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: biggerslaw2@Jltsi.net

Mr. Kenneth G. Webb TDCJ # 1454974 McConnell Unit 3001 S. Emily Drive Beeville, Texas 78102

I received your letter of February 3, 2009. I need to clarify that I do not represent you, I represent the Estate of R.L. Easley. To further clarify, my office has never represented to you in any of our correspondence that there were no liens on your father's property. As to your concern about any contact to the parole board, there has been no contact from my office to the parole board on your case. You are correct that if an inmate were to send threatening mail to any individual, that individual could advise the parole board of the threat. As to the matter in Moore County, Texas, that is a Judgement from a case in which your father did not file an answer and did not tend to during his life time. That judgment is final. The lien from that judgement is what is filed of record. A judgment lien in Texas attaches to any real property owned by the judgment debtor. This would include a house or mineral interest. That lien is effective when the judgment becomes final and is abstracted. "A Motion to Dismiss Child Support Lien" as you have attempted to file is spurious; it has no effect. If you have an attorney, have that attorney contact me and we will attempt to explain this situation to you. If

. "' . c. ' I I

you are relying on "jail house" counsel, consider the source. We will keep you notified of any actions we take to try to resolve the lien situation. If you have any questions please do not hesitate to contact me.

Cecil R. Biggers

CRB:ylh Law Office Of / ·..'· CECIL R. BIGGERS P.O. Box 342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: biggerslaw2@ptsi.net

· February 4, 2009

Mr. Kenneth G. Webb TDCJ # 1454974 McConnell Unit 3001 S. Emily Drive Beeville, Texas 78102

I received your letter of February 3, 2009. I need to clarify that I do not represent you, I represent the Estate of R.L. Easley. To further clarify, ~y office has never. represented to you in any of our correspondence that there were no liens on your father's property. As to your concern about any contact to the parole board, there has been no contact from my office to the parole board on your case. You are correct that if an inmate were to send threatening mail to any individual, that individual could advise the parole board of the threat. As to the matter in Moore County, Texas, that is a Judgement from a case in which your father did not file an answer and did not tend to during his life time. That judgment is firial; The lien from that judgement is what is filed of record. A judgment lien in Texas attaches to any real property owned by the judgment debtor. This would include a house or mineral interest. That lien is effective when the judgment becomes final and is abstracted. "A Motion to Dismiss Child Support Lie'n" as you have attempted to file is spurious; it has no effect. If you have an attorney, have that attorney contact me and we will attempt to explain·this situation to you. If

f-/ you are relying on "jail house" counsel, consider the source. We will keep you notified of any actions we take to try to resolve the lien situation. If you have any questions please do not hesitate to contact me.

CRB:ylh

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.--11 ~: '.J r;;a.:.:n~ Ul" Law Office Of CECIL R. BIGGERS P.O. BOX342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: biggerslaw2@ptsi.net

May29, 2014

Kenneth Webb #1454974 899 FM632 Kenedy,Texas79118

Re: Easley Probate

It is still my intent to pay the remainder of the funds from the estate into the registry oft:he Court. I had hoped that you might be up for parole so that you could get representation. No actions have been done in the estate other than to renew the bond of the Executrix per statute. We will do a final accounting on the estate, so that the estate may be closed. I still believe that we will need to file an action for the court to determine the validity of the child support lien. I will file your pleading with this and return a copy to you.

We have been unable to locate your siblings and I believe that this will work in your favor. You will be copied with pleadings and a copy ofthe clerk's receipt when we get this done.

I think we are all ready to get this matter settled.

s· er~lyyo rs, ( ~"-.. ../ (;' ILJ~~ .

. lR.Bigw CRB:yh ~M@t .72 710%1 ---·------

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DECEASED. § OF HANSFORD·COUNTY, TEXAS

MOVANT'S SUMMARY MOTION TO REMOVE INVALID OR UNENFORCEABLE CHILD SUPPORT LIEN

COMES NOW Movant Kenneth Glenn Webb ("Movant"), in Pro Se, filing this his Summary Motion to Remove an Invalid or Unenf- orceable Child Support Lien, pursuant to the provisions of the Texas Civil Practice and Remedies Code, Sections 31.006 and 34.001: Texas Family Code, Sections 157.261 (a), 157.312(d);

and Texas Government Code, Sections 311.011 and 311.021(2).

In support, Movant offers the f~llowin~:

h JURISDICTION

This Court has jurisdiction over the subject matter and the parties in this case.

II. FACTS PERTAINING TO THE PARTIES

1. Rellis Leon Easley ( "Decedant" )' is the Decedant for the above styled and numbered cause. The Decedant died on March

09, 2007. The Decedant was the obligor of a Moore County Court at Law child support lien, notice of which was filed on May . 28_-;

.. J~'dod(~.£l2"A.o.,2QU Kim V. Vera, Co/Dist Court Oerk ~v~~fo~~­ ~ X ~~ ,Deputy COpy V·'·· [ 2003 in Moore County, Texas. See exhibit "A". Decedant was the

paternal parent of adult children Kenneth Glenn Webb, Debra Ann

Easley, and Michael Wayne Easley.

The 2003 Moore County Child Support Lien only pertained to

the Decedant's two adult-children Debra Ann Easley and Michael

Wayne Easley. The Child Support Lien was immediatley filed after

the Moore co. Court at Law placed a judgment for child support

arrearage against Decedant on April 16, 2003. See exhibit "B".

Debra Ann Easley and Michael Easley resulted from the Decedant's brief marriage to Audrey Stinnett, who is also· deceased and who

was the Moore Co. Child Support Lien Obligee. K~nneth Glenn

Webb resulted from the Decedant's subsequent relationship with

Ruby Pauline Webb, who is also deceased. The Deced ant named

only Kennneth Glenn Webb as his sole heir to his estate.

2. Audrey K. Stinnett ("Stinnett") died on August 21, 2004.

She was the Obligee of the above-mentioned .Child Support Lien.

Stinnett is the biological maternal parent of Debra Easley and

Michael Easley, both resulting from Stinnett's short marriage

to the Decedant. After divorcing the Decedant on February 02,

1965, Stinnett guickly remarried a Mr. Stirinett. (Mr. Stinnett

adopted Debra Easley and Michael Easley, giving them his name,

raising them and supporting them).

3. Kenneth Glenn Webb ("Movant") is the biological son of

the Decedant. Movant is the sole heir to the Decedant's estate.

Movant was born January 27, 1969. Movant's maternal parent is

2 t-'"'" t~~ ,. i

... ,.:. Ruby Pauline Webb, now deceased. Movant is presently 42 years

old.

4. Michael Wayne Easley ("Michael Easle~~)·· now known as

Mike Stinnett, is the biological son of the Decedant and Stinnett.

He was born on September 28, 1963 and is presently 47 years old.

Micha~l Easley is the youngest of the two children that are the

basis of the disputed 2003 Child Support Lien.

5. Debra Ann Easley ("Debra Easley"), now known as Debbie

Holt, is the biological daughter of the Decedant and Stinnett.

She was born on June 26, 1962 and is presently 48 years old.

Debra Easley is the oldest of the two adult-children that are

the basis of the disputed 2003 Child Support Lien.

III.

CHILD SUPPORT LIEN FACTUAL BACKGROUND

AND PROCEDURAL HISTORY

On April 16, 2003, current presiding Moore Co• Court at Law

Judge Delwin McGee issued a judgment for child support arrearage

against the Decedant. See exhibit "B~. Judge McGee found that

Decedant was in "arrears in the amount of $20,175 for the period

February 8, 1965 through May 26, 1982 and that interest [had]

accrued on those previous~y unconfirmed arrearage in the amount

of $59,933.61~· Judge McGee then awarded Stinnett a judgment·

of $80,108. 6l1 plus attorney fees for a total judgrne.nt ·: of $82,-

3 •,' / 733.61 against the Decedant _ ordering all monies in tbe:DeseGlant ~s • First State Bank accounts to be seized and delivered to Stinnett. On May 28, 2003 a notice of Child Support Lien for $38,026.11

was filed in Moore County, Texas against all non-exempt real

and personal property owned by the Decedant. See exhibit "A".

Therefore, between April 17, 2003 and May 28, 2003, $44,707.50

was seized from the Decedant and paid to Stinnett. ($82,733.61-- $44,707.50 = $38,026.11).

On March 16, 2003, prior to Judge McGee's April 16, 2003

judgmen~, the Decedant filed an answer, See exhibit "C", con-

testing Stinnett's Motion to Confirm Child Support Arrearage.

See exhibit "D". The Decedant asserted defenses to not owing

the child support, specifically stating the Stinnett was barred

from bringing her payment of back child support request based

on the provisions of sections 31.006 and 34.001 of the Texas

Practice Remedies Code and based on the "Statute of Limitations", "Laches", and exceeding the remedial boundaries of chapter 157,

sub-chapter F of the Texas Family Code. Stinnett sought to

rebut Decedant's Answer with her Response to Respondent's Defen- ses. See exhibit "E".

From May 26, 1982, the date the Decedant owed his last child

support payment until Moore ~county .Judge McGee's April 16,

2007 judgment·. for child support arrearage, approximately (21)

years had elapsed without Stinnett taking any action to obtain

back child support from the Decedant.

4 IV.

THE CHILD SUPPORT LIEN IS LEGALLY TIME

BARRED AND UNENFORCEABLE

THE LAW

STATUTORY CONSTRUCTION

Statutory construction.. is a legal question that Courts re- view De Novo. In the Interest of C.A.T., a Child, 316 SW 3d 202,206 (Tex.App.--Dallas 2010). When constructing a statute, a Court's objective is to ascertain and give effect to the leg- islature's intent. Coleman v. Coleman! 170 SW 3d 231,235-236- (Tex.App. 2005,pet.denied). A court must look to the plain and common meaning of the language and statute. Tex. Govt. Code Ann § 311.011 (Vernon 2005). The statute: must be read as a whole, not just in isolated portions. Tex. Dep't. of Transp. v. City of Sunset Valley, 146 SW 3d 637,642 (Tex 2004). Courts should give effect to "every sentence, clause, and word of s~atute so that no part thereof [will] be rendered superfluous." Russell v. Wendy's Int'l.,Inc., 219 sw 3d 629, 638-39 (Tedx.App.--Dallas 2007, pet.dism'd.). When interpreting a statute, it is presumed the entire statute is intended to be effective. Tex Govt. Code § 311.021(2} (Vernon 2005). A

Court should consider the objective the law seeks to obtain and the consequences of a particular construction. Coleman, 170-

SW 3d at 236. Lastly, a Court should not give a statute meaning that conflicts with other provisions if the Court can reason-

5 7 ably harmonize the provisions. Id.

TEXAS FAMILY CODE

Texas Family Code, Sec. 157.26l{a} provides "a child support

payment not timely made constitutes a final judgment:. for the

amount due and owing." Tex. Fam. Code Ann. § 157.26l(a). (Ver-

non, 2002). The plain and common meaning of the statute is

clear: Once a child support payment is overdue, it becomes a

final judgmertt. "Final Judgment~ is defined as "A Court's

last action that settles the rights of the parties and disposes

of all the issues in controversy •.. " Blacks Law Dictionary,

pg. 847 (7th ed. 1999). It is presumed the legislature knows the meaning of "Final Judgment"' and there is nothing within the statute implying the legislature intended "Final Judgment~

to have a different meaning within the context of the Family

Code. See Tex. Govt. Code Ann. § 311.011.

Texas Family Code § 157.132 (d) provides:

A child support lien arises by operation of law against real and personal property of an obligor for all amount of child support due and owing, including any accrued interest, regardless of whether the amounts have been adjusted or otherwise determined, subject to the re- quirement of this sub-chapter for perfection of the lien.

TEXAS CIVIL PRACTICE REMEDIES CODE

Texas Civil Practice Remedies Code§ 34.001 (a)(b) provides:

(a) If a writ of· execution is not issued within 10 years after the rendition of a judgm.ent~· of a Court _Of .. :reco.td:: ..Pr .a.: :J·UStic.e C"OUJ:";t I .tbe jl,ltl5gment i,s: dO'r.man:t and execution may not be issued on the judgment· un- less it is reYived.

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(b) If a writ of execution is issued within 10 years after rendition of a judgment but a second writ is not issued within 10 years after [the] issuance of the first writ, the judgment becomes dormant. A second writ may be issued at any time within 10 years after issuance of the first writ.

Te~as Civil Practice Remedies Code § 31.006 provides:

A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date tha~: the ;jtidgment becomes dormant.

APPLYING THE LAW TO THE FACTS

The Defendant's obligation to make weekly child support pay- ments ended when his youngest child by Stinnett, Michael Easley,

turned eighteen years old on September 28, 1981. Because Texas Family Code, Section 157.261 applies, the Final missed child support payment, occurring on May 26, 1982, became a final -jtidg-

ment at that time. Texas Civil Practice Remedies Code, Section 34.001 (a) provides if a writ of execution is not resolved within ten years after the rendition of :iti~~ment of a court of record or a justice court, the ·· j.t.i.dgment is dormant and execution

may not be issued unless it is revived. Tex. Civ. Prac .. &

Rem. Code Ann. § 34.001 (Vernon 1997). A dormant juogment

may be revived by scire facias or by an action of debt brought

not later than the second anniversary of the date the judgment

becomes dormant, neither of which occurred in this case. Id.

31.006. Thus, the Civil Practice and Remedies Code provides

a twelve-year "residual" limitations: for final :judgments.

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The mandate of the Civil Practice and Remedies Code is clear:

if a writ of execution is not issued within ten years after

the rendition of a judgment by a court of record and is not "revived", the judgment is dormant. Id. §§ 31.006, 34.001.

There simply is no exception for Family Law cases; they are,

after all, "Courts of Record." See In Re s.c.s., 48 SW 3d 831,-

840 (Tex.App.--Hou.[l4th Dist] 2001, pet. denied). Therefore,

regardless of whether a party tries to reduce arrearages to

a ~umulative judgment or not, a parent must take actions to

obtain arrearages within a timely manner, which Stinnett failed

to do. Applying the residual twelve-year limitations, Stinnett

had until May 26, 1994 to take some 'action with a Court on

the Decedant's back child support obligations. This she failed to do when she finally obtained a child support arrearages judg--

ment through Moore County Court at Law in 2003. Waiting until

2003, an additional nine years after permanent dormancy occured in 1994, to seek tt back child support arrearages judgment and a.

lien from Moore County Court at Law, after the children-- Michael

Easley and Debra Easley-- are well into adulthood, is just too

long.

Texas Family Code Section 157.312 (d), a child support lien,

was not available to Stinnett. Section 157.312 (d) provides

a child support lien arises by operation of law for all amounts

of child support due and owing regardless of whether the amounts

have been adjudicated or otherwise determined. Tex. Fam. Code Ann., Sec. 157.312 (d) (Vernon Supp. 2007). Here, because the

arrearages were determined and constituted a Final Judgment

qJ years after the youngest son reached eighteen will serve to protect the children's interests. To the extent one may argue the arrearages serve as rein- bursement to the custodial parent for monies spent on the children, Burnett--Dunham had remedies avail- able to her years ago; however, for whatever reason, she chose not to pursue them.

We further acknowledge, Spurgin has plainly failed to fulfill an important responsibility to his children, but neither his culpability nor a public policy favoring the payment of child support precludes the legislature from imposing time limits for how long a parent may seek arrearages once the child has reached maturity. See e.g. Dept. Econ. Sec. v. Hayden, 210 Ariz. 522, 115 p. 3d 116, 120-21 (2005). As such, we cannot justify ignoring specific statutory mandates enacted by the legislature regarding the dormacy of judgments. This policy likewise encourages a reasonably prompt accounting of the support arrearages before relevant evidence becomes hard to obtain or is unavailable. Id. arguments as to the wisdom of this policy are appropriatly directed to the legislature, not the courts.

v.

CONCLUSION

As is clear from firmly established Texas statutory law and Texas case law, the Moore County Court at Law got it wrong and

should never have granted Stinnett a judgment,for child support arrearages in April 2003, nor allowed her to subsequently place

a child support lien against the Decedant's estate property in-

terests in May 2003.

Therefore, this Court should rule that Stinnett's child support

lien against the Decedant is invalid or unenforceable. This Court

should also take into consideration the remarkable fact that

the Decedant did pay Stinnett $44,707.50 ($20,175 principle amount

plus $24,532.50 in interests) while she was alive.

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WHEREFORE, PREMISES CONSIDERED, Movant prays for the following:

relief:

1. That this Court enter a judgment declaring that the 2003

Moore County child support lien placed against the personal

and real non exempt property of the Estate of Rellis Leon Easley

is invalid or unenforceable under clearly established Texas

Law.

2. That this Court order that a check payable to Kenneth

Glenn Webb for all Estate cash balances currently held in this Court's registry, in attorney Cecil Biggers trust account, and

or at First State Bank in Spearman, Texas be mailed to Movant

in care of Movant's sister. Movant's sister's address info-

rmation is: Mr. Kenneth Glenn Webb C/O Jaquita Alonzo 401 South Manhattan Amarillo, Texas 79104 ph. 806•373.6339

3. That, in the interests of justice, this court enter a

counter-claim judgment against the Estate: of Audrey Stinnett

for $44,707.50 that was originally seized from the Decedant's

Estate in 2003 because of the Moore County faulty judgment and

unenforcable or invalid child support lien.

4. That this Court order any other relief to which Movant

may be entitled.

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Pursuant to Texas Civil Practices and Remedies Code, Sections

132.001 132.003, I Kenneth Glenn Webb, TDCJ-CID No. 1454974,

being presently incarcerated in the TDCJ-CID McConnell Unit

in Beeville, Bee County, Texas declare under penalty of perjury

that the foregoing is true and correct.

I do hereby certify that a true and correct copy of the

foregoing instrument was mailed First Class u.s. Mail, Postage

prepaid, on this th~ 9th day of May, 2011 to the following:

Ms. Debbie Holt Mr. Mike Stinnett 306 North Meredith Ave. C/O Debbie Holt Dumas, Texas 79029 306 North Meredith Ave. Dumas, Texas 79029

Kenneth Glenn Webb Movan.t Pro Se

12. r"j \ ..., • ..._1 ...:........ ~·- , ' - CAUSE NO. 4281 IN THE MATTER OF THE MARRIAGE OF: AUDREY K. STINNETT & RELLIS L. EASLEY § §

§ IN THE COUNTY COURT A'I' LAW OF MOORE COUNTY, TEXAS a (q) ~ and IN THE INTEREST OF: DEBRA & MICHAEL EASLEY(children)

RESPONDENTYS MOTION TO DISMISS CHILD SUPPORT LIEN FROM LACK OF JURISDICTION TO IMPOSE ARR'§aRAGE. __ ...

Comes now Kenneth Webb on behalf of the estate of Rellis Easley and respectfully moves this Court to dismiss the child support lien from lack of jurisdiction to impose arrearage and in support thereof will offer the following:

I

LACKING JURISDICTION AND TIME BARRED ONDER FAMILY CODE §157.005{b)

The children within this action are well over the age of 45 . years. This was filed April 16,2003. So at the time of filing this child support lien, there had been approximately 22 years elasped from the final judgment. This Court lacks jurisdiction to impose any arrearage, thus rendering the lien unenforcable •. See Family Code §157.005(b) and Burnett-Dunham v Spurgin 245 SW3d 14(Tex.-App.Dallas 2007); Civil Practice and Remedies Code 31.006 and 34.001.

II TIME BARRED UNDER CIV. PRAC. AND REM. §31.006 and §34.001

Texas Family Code Section 157.261(a) provides a child support payment not timely made constitutes a final judgment for the

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amount due and owing.A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date the judgment becomes dormant. Neither of which occurred in this case. Id Civ.Pra·c.Rem.code §31.006. Thus, the civil practice and remedies code provides a twelve-year "residual" limitations period .for final judgment. The children in question within this suit are over 45 years of age, therefore a final judgment began when they were 18 years of age. The child .----sllp~crr~-f!en wa·a filed April 16,2003;(22 years has-expired).

Appeal courts have recently applied the dormancy statutes to past due child support and concluded 27 years was too long to wait and attempt to collect such. See Cade v Stevens 207 SW3d 909 at 91l(Tex.App.~Dallas 2006). The mandate of civil practice and remedies code is clear; If a writ of executionis not issued within 10 years after the rendition of a judgment by a court of record and is not revived; the judgment is dormant. Te.Civ.Prac. Rem.Code Ann.§§31.006,34.001. There is no exception for family law cases. ·see Re s.c.s. 48 SW3d at 840. The parent had until april of 1981 to take some action with the court and she ·failed to do so. Also Ms. stinnett has passed away, Because the residual 12 year ·statute of limitations also applies, Ms. Stinnett's

attempt to collect arrearages through the levy provisions are time-barred. The same is likewise true for her attempts to collect under a child suppor.t:lien. III

RESPONDENT KENNETH WEBB 1 S INTEREST UNDER FAMILY CODE §157.326 continue .••

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Kenneth Webb is the sole heir of the estate of Rellis L. Easley. This property is the only home to Mr. Webb and has a special interest in this home as his Father willed such to him. Rellis Easley conveyed to Mr. Webb that this property in question was his to live in well before April 16,2003.

CONCLUSION AND PRAYER Respondent Kenneth Webb prays that this Honorable Court dismiss ··············-· -·- this ....... claim.,for -~ .. ~-·--- .... .lack ..,,.. of jurisdiction . ......,. .. . ....._:'< and.... this . ·-··-· "•action being time-.. ... - --· barred, drop said child support lien and allow Mr. Webb to obtain ownership of said property and any other relief allowable by law.

RESPECTFULLY SUBMITTED,

DATED 1-16-2009 KENNETH WEBB, Pro Se #1454974 3001 SOUTH EMILY DR. BEEVILLE, TEXAS 78102

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Exhibit "A"

"I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE RESOLUTION METHODS INCLUDING MEDIATION. WHILE I RECOGNIZE THAT ALTERNATIVE DISPUTE RESOLUTION IS ANALTERNATIVE TO AND NOT A SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH TO RESOLVE CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION."

innett f/kla Audrey K. ·;:..":. .. .}·: 301/734/0R

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64433 VOL. 301 PACE ( 3 .f NO.~

IN THE MATTER OF THE MARRIAGE OF § . IN COUNTY COURT AT LAW § Clerk's j[1e #64433 AUDREY K. STINNETT § AND § OF RELLIS L. EASLEY § § AND IN THE INTEREST OF § DEBRA ANN EASLEY AND MICHAEL WAYNE EASLEY, CHILDREN : MOORE COUNTY, TEXAS

NOTICE OF CHILD SUPPORT LIEN Persons Receiving Notice:

Name: RELLIS 1!. EASLEY

Address: 111 BarkleyCourt, Spearm·an, Texas 79081-0247 Obligor:

Name; RELLIS L. EASLEY

Aliases: R.L. Easley

Address: 111 BarkleyCourt, Spearman, Texas 79081-0247 Birth date: 06/0111938

Driver's license number: 111317844

Social Security number: unknown

Obligee: Flledat lD.t:Ba'clock tlM. 6 -;:)8-A.0.,2oU3 KIM V. VERr\, Clerk, County Court Name: Audrey K. Stinnett 1\tA. Hansf~ Texas Social Security number: XXX-XX-XXXX By'-7~-r--rft....._-tiJkt.OQ.......,.-==--. Deputy

Notice of Child Support Lien AUDREY K. STINNETT v. RELLIS L. EASLEY

{1) ..,

/DD ,, e 301/734/0R page 2 ..

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Child Support Payment Information:

Amount of child-support arrears: $38026.11

Date of order or writ that determined arrears: 04/16/2003

Date arrears determined if different from above: N/A

Rate of interest on arrears: 6 percent

Amount of current child support obligation: $NONE

Frequency of child support payment: Weekly

The lien is asserted by Rellis L.Easley, 111 Barkley, Spearman, TX 79081.

The motor vehicle number shown on Obligor's title is NONE.

This lien attaches to all nonexempt real and personal property of the obligor that is

located or recorded in the state, including any property specifically identified in this notice.

Any ordered child support not timely paid in the future constitutes a final judgment . for the amount due and owing, including interest, and accrues up to an amount that may

not exceed tile lien amount.

The obligor is being provided a copy of the lien notic~. and obligor may dispute the

arrearage amount by filing suit under Section 157.323, Family Code.

It is anticipated that additional arrears will accrue, and, on judicial foreclosure of this

lien, the Court will be requested to confirm aU amounts then due.

Notice of Child Support Lien AUDREY K. STINNETT v. RELLIS L. 1!:1\SLEY

VOL. 30 1 PAGE 7 35 (2) ;~~·· 301/734/- page 3

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VOL. 3 V l PAGE 't 36 105 w. 7th P. 0. Box 1085 Dumas, TX 79029 Tel: (806) 935-6451 Fax: (806) 935-5611 SIGNED under oath before me on May QB_, 2003.

O.~a .J)a ~ c~ Notary Public, State of Texas

COAINA DAVILA NOTARY PUBLIC, • SWEOFTEXAS ~~ 02·17·2007

Filed: May 28, 2003, at 10:00 o'clock A. M., and recorded

in Volume 301, Page 734, Official Records of Hansford County, Texas.

EASLEY of Child Support Lien AUDREY K. STINNETT v. RELLIS L. Notice

(3) •.:·· ' ' <

'. it • NO. 4281

IN THE MATTER OF § IN COUNTY COURT AT LAW THE MARRIAGE OF § § AUDREY K. STINNETT § ~ AND § OF RELLIS l. EASLEY § § AND IN THE INTEREST OF § DEBRA ANN EASLEY AND MICHAEL § WAYNE EASLEY, CHILDREN MOORE COUNTY, TEXAS §

MOTION TO CONFIRM CHILD SUPPORT ARREARAGE

This Motion to Confirm Child-Support Arrearage is brought by Audrey K. Stinnett,

Movant, formally known as Audrey K. €asley, obligee. In support, Movant shows:

1. Discovery in this case is intended to be conducted under level 1 of rule 190

of the Texas Rules of Civil Procedure.

2. Movant is a resident of Dumas, TX.

3. The children the subject of this suit are:

Name: Debra Ann Easley

Sex: female ·

Birthplace: Texas

Birth date: 06/26/1962 ... ·.. ~

~~;::, : -..·:..-:· __ Present address: Dumas, TX ~-!:.. :.. •t-·:·· C;!,:·

Name: Michael Wayne Easley

Sex: male

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__1.·/:'·-1 ~ '..;; -~-... ......_ __~y·I ,. . ..,. - • Birthplace: Texas

Birth date: 09/28/1963

Present address: Dumas, TX

4. This Court has continuing, exclusive jurisdiction of this case as a result of

prior proceedings.

5. The parties entitled to notice are as follows:

a. RELLIS L. EASLEY, 111 S. Barkley, Spearman, Texas, who is

Respondent to this motion. Respondent is father father of the

children who were the subject of the divorce action.

Process should be served at that address.

6. On February 2, 1965 the 69th District Court signed an order that appears in

the minutes of the Court at volume 12, page 440. Respondent was ordered to pay regular

child support of $25.00 per week, beginning February 8, 1965 and on each Monday of

each week thereafter. That amount and frequency of obligation remain unchanged to the

date of this motion.

In the order described above, RELLIS L. EASLEY was ordered to make all

payments through District Clerk of Moore County, Texas. A copy of the record of child-

support payments maintained by that registry is attached to this motion. I

7. Respondent has failed to pay child support as ordered. Respondent's total

arrearage at the time of filing is $21,050.00 together with interest as allowed by law.

There have been repeated violations of the court order. Movant requests the

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confirmation of arrearages, a judgment for the arrearages and interest, and interest on the

judgment until paid. Movant requests the Court to order income withheld for the

arrearages, attorney's fees, court costs, and interest.

8. It was necessary to secure the services of Louis T. Dubuque, a licensed

attorney, to enforce decree. Respondent should be ordered to pay a reasonable attorney's

fee, and a judgment should be rendered in favor of the attorney and against Respondent;

or, in the alternative, reasonable attorney's fees should be taxed as costs and should be

ordered paid directly to the undersigned attorney. Respondent should be further ordered

to pay all other costs of this proceeding.

10. Movant has signed a statement on alternative dispute resolution, which is

attached as Exhibit A.

Movant prays that judgment be rendered against Respondent for any child-support

arrearage, interest, attorney's fees, and costs.

Movant prays for general relief.

Respectfully submitted, Louis T. Dubuque, P.C. 105 w. 7th P. 0. Box 1085 Dumas, TX 79029 Tel: {806) 935-6451 Fax: (806) 935-5611

By:~~~=~t--J~~-----­ Louis T. Dubu e State Bar No. 06154000 Attorney for Audrey K. Stinnett

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Notice of Hearing

The above motion is set for hearing on February 13, 2003, at 1:30 p. m. in Dumas, Moore County, Texas, at the Moore County Courthouse.

SIGNED on January a2:,., 2003.

Judge

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/06 Benny D. Wilson Hansford County Judge 16 Northwest Court Spearman, Texas79081-2052 hansfordco@hotmail.com Phone: Major Cities Spearman Spearman 806-659-4100 Gruver Gruver Morse 806-733-2901 Fax 806-659-4168

Re: Cause No. P02514- Estate ofRellis Leon Easley

DearMr. Webb:

It would appear to me that under Section 157.269 of the Texas Family Code that this "Child Support" lien within Moore County would not be within the jurisdiction of Hansford County Court. ·

Your request will be filed in Cause No. P02514,. Estate ofRellis Leon Easley, Hansford County, Texas.

SG:;o.~ Benny D. Wilson Hansford County Judge

BDW/df

r ' __ ~-);, Law Office Of CECIL R. BIGGERS P.O. BOX342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: bi!;"(gerslaw2@ptsi.net

Mr. Kenneth G. Webb TDCJ #1454974 3001 S. Emily Drive Beeville, TX 781 02 Re: Estate of R.L. Easiey, Dccca:sed

Enclosed please find a copy of the child support lien filed on May 28, 2003. Also enclosed is a copy of the title insurance commitment on the sale of real estate.

As you know, I represent the Estate of R.L. Easley, Deceased.

Your interpretation ofTexas law is misplaced. An heir to an estate receives "title" to the property of the estate upon the decedent's death; however, that property is received subject to all claims and liens. A child-support lien does not "expire" after four (4) years. A further problem is that mineral interests (including royalty interests) are subject to such a lien.

G In this instance, the sale will proceed as the Court has approved the sale and the ate is bound by contract. If we were to cancel the contract, the estate would be liable damages.

The proceeds of sale will be deposited in a trust account to be held until we can best clear this lien either by payment, negotiation, or court order.

CRB:yh .. - ...... ... . . ...... . NO.mi

IN THE MATTER OF § IN COUNTY COURT AT LAW THE MARRIAG·E OF § § AUDREY K. STINNETT § AND § OF RELLIS L. EASLEY § § AND IN THE INTEREST OF § DEBRA ANN EASLEY AND MICHAEL § WAYNE EASLEY, CHILDREN

JUDGMENT FOR CHILO-SUPPORT ARREARAGE

On March 12, 2003 the Court heard Movant's Motion to Confirm Child-Support Arrearage.

·Appearances

Movant, Audrey K. Stinnett, appeared in person and through attorney of record, Louis T. Dubuque, and announced ready for trial.

Respondent, RELLIS L. EASLEY, appeared in person and through attorney of record, Joe Marr Wilson, and announced ready for trial.

Proceedings

All matters of law and of fact were submitted to the Court, and the Court heard the evidence and considered the pleadings and argument of counsel.

Jurisdiction

The Court finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.

Record

The record of testimony was duly reported by the court reporter for the County Court at Law.

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Findings

The Court finds that on February 2, 1965 Respondent was ordered to make periodic payments of child support, in an order that appears in the minutes of the 69th District Court at volume.12, page 440, which ordered in relevant part that Respondent pay the sum of $25.00 per week beginning February 8, 1965 for cHild support.

The Court further finds that Respondent has failed to make payments as ordered. The Court further finds and confirms that Respondent is in arrears in the amount of $20,175.00 for the period February 8, 1965 through May 26, 1982 and that interest has accrued on those previously unconfirmed arrearage in the amount of $59,933.61. Judgment should be awarded against Respondent in the total amount of $80,108.61 for the arrearage and interest.

The Court further finds that attorney's fees and costs should be assessed against Respondent.

The Court further finds that all arrearage amounts should be withheld from Respondent's earnings.

Relief Granted

Judgment

IT IS ORDERED that Audrey K. Stinnett is granted a cumulative judgment for childwsupport arrearage, including accrued interest, against Respondent of $80,108.61, such judgment bearing interest at 6 percent simple interest per year from the date this order is signed, for which let execution issue.

Attorney's Fees

IT IS ORDERED that attorney's fees of $2,625.00 for the trail of this case are taxed as costs against Respondent, RELLIS L. EASLEY. In the event that the case is appealed to the court of appeals there is an additional attorney's fees of $3,500.00 taxed against the Respondent. In the event that there is an appli~tion for a writ of error to the Texas Supreme Court there is an additional attorney's fees of $2,500.00 taxed against the Respondent. In the event that the application for a writ of error is granted by the Texas Supreme Court there is an additional attorney's fees of $2,500.00 taxed against the Respondent. The attorney may enforce this order for fees in the attorney's own name. ·

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Costs

IT IS ORDERED that costs of court are taxed against Respqndent, and RELLIS L. EASLEY, Respondent.

Delivery of monies to Petitioner

IT IS ORDERED that First State Bank, Spearman, Texas deliver to Audrey K. Stinnett and her attorney Louis T. Dubuque at 105 W 71h, Dumas, TX. 79029, all monies on deposit is said bank in the name of Rellis L. Easley or any other name used by Rellis L. Easley in his relationship with said bank In an amount not to exceed $80,108.61 as of March 12, 2003 together with interest at 6% per annum since March 12, 2003. The Court ORDERS that the directive to deliver monies pertains to any account held in the name of Rellls L. Easley with FIRST STATE BANK, Spearman, Texas which includes, but is not limited to, a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, money market account, mutual fund account, certificate of deposit, or any other instrument of deposit in which Rellis L. Easley has a beneficial ownership interest, either in its entirety or on a shared or multiple party basis, including any accrued interest and dividends.

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on April I " , 2003.

JUDGE PRESIDING

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f, · ... N0.4281 IN THE INTEREST OF IN COUNTY COURT AT LAW DEBRA ANN EASLEY AND I § IN AND FOR MICHAEL WAYNE EASLEY § CHILDREN § MOORE COUNTY, TEXAS RESPONDENT'S FIRST AMENDED ORIGINAL ANSWER This Respondent's First Amended Original Answer is filed by RELLIS L. EASLEY, Respondent, who shows in support: I. Respondent enters a general denial. 2. The relief requested by Movant is barred by the statutes of limitations. 3. The reliefrequested by Movant is barred by the provisions of Sections 31.006 and

34.001 of the Civil Practices and Remedies Code. 4. The relief requested by Movant is barred because the Texas legislature, in enacting the present version of Chapter 157, Subchapter F of the Texas Family Code upon which Movant relies for relief; exceeded its remedial boundaries. S. The relief requested by Movant is barred by laches. Respondent prays that the Court deny Movant's Motion to Confirm Child Support Arrearage and that Respondent recover all attorney's fees, costs, and expenses incuned. Respectfully submitted, LAW OFFICE OF JOE MARR WILSON 104 West Sixth Avenue, Suite 300 Amarillo, TX 79101 Tel: (896) 374-7758 Fax: 374-0315

RESJ'ONI!ENT§ fiRSTMfENDEP ORIGINAL ANSWER

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Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on March 5, 2003.

RE§PONDENT'S FIRST AMENDED ORIGINAL ANSWER

i·" •. -;'!-•

IN THE ESTATE OF § IN THE COUNTY § RELLIS LEON EASLEY, § COURT OF § DECEASED § HANSFORD COUNTY, TEXAS

ADVISORY TO THE COURT TO HOLD PROBATE UNTIL LIEN CLEARS

TO THE HONORABLE ~-JUDGE OF SAID COURT: Comes Now Kenneth Webb and respectfully files this his Advisory to the Court and in support thereof will offer the following: 1. Mr. Webbsseems to have a "child support lien" within r1oore County on his father's estate filed April 6, 2003. 2. Both obligee and obligor are deceased in this lien matter. 3. Mr. Webb has filed a motion to dismiss for lack of jurmsdiction in cause number 4281, styled in the matter of the marriage of Audrey Stinnett and Rellis Easley. 4. Approximately 22 years elapsed from the final judgment when the lien w was filed. Under Family Code § 157 .005(b); Civil Practi-ue and Remedies Code .31.006 and 34.001 the Moi:lee County Court lacks jurisdiction to impose any arrearage thus rendering the line unenforceable. See Burnett- Dunhma v. Spurgin, 245 s.w.3d 14 (Tex-App Dallas 20~7): See also cade v. Stevens, 207 s.w.3d 909,911 (Tex. App. Dallas 2006). 5. Mr. Webb was never notified with regards to this "lien" beforehand. His Attorney Mr. Biggers failed to address this issue and ~1r. Webb has taken action upon himself to correct this lien. 6. Mr. Webb has filed a Motion to dismiss these proceedings for lack of jurisdiction. See inclosed Motion. CONCLUSION AND PRAYER

Mr. Webb prays that this Honorable Court grant a hearing on stay the proceedings so that this "child support lien" may be dismissed. Let this Court take judicial notice that thsi "lien" lacks jurisdiction as a matter of law. Grant Mr. t'Jebb any other relief allowable by la\v •

.l(lf SIGNED ON this the day of February, 2009

Kenneth Webb *1454974 3001 s. Emily Dr. Beeville, Tx 78102

/ It~

\ \ ______________ · -----------·--- f' .. I 'I

RELLIS LEON EASLEY~ § DISTRICT COURT OF

MOVANT'S DEMAND FOR AN ACCOUNTING OF THE ESTATE OF RELLIS LEON EASLEY, DECEASED

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Movant, Kenneth Glenn Webb ("Movant"), in prose,

makinq his first demand for ·an accounting of the Estate of Rellis

Easley, pursuant to the provisions of Texas Probate Code, Section

149 A, 149 B, and 399. In support, Movant offers the following:

of Rellis Leon Easley, thus Movant is an "interested person"

entitled to an initial accountinq of the estate, as well as

yearly accou.ntings thereafter, pursuant to Texas Probate Code,

Sections 149 A (a) and 149 B (a).

2. Repondent, Executrix Lou Walker, has not performed a full

accountinq of the estate since assuming her role as Executrix L in 2007. rf Respondent has performed any accountinq of the

estate, Movant is unaware of it and was never informed of such.

3. Movant makes his demands for a thorouqh account inq of the

estate, specifically requesting the Respondent to set forth

in detail the followinq prior to anv court intervention to have

her. removed from servinq as E:xecutrix of the estate:

/ I .. /

l ,_)

jl"l a. To state all property belonging to the estate which has

come into her hands as Executrix since she assumed this

role in 2007;

b. The disposition that has been made of such property,

including all property items stated in Exhibits A and

B

c. The debts that have been paid for the estate;

d. The debts, if any, still owing the estate;

e. The estate property still remaining in her hands;

f. Such other facts, as may be necessary to a full and

definite understanding of the exact condition· of the

estate; and

g. Such facts, if anv, that show why the administration

should not be closed and the estate distributed.

Wherefore, premises considered, Movant prays that the Court

order Respondent to perform a t~qrough accounting of the estate

and report such to this Court and to Movant prior to the Court

issuin9 any order to have the Respondent removed as Executrix

of this estate pursuant to Texas Probate Code, Section 149 c.

~tfu11~ubmitted,

~cL/L Kenneth Glenn Webb TDCJ-CID No. 1454974 McConnell Unit 3001 s. Emily Dr. Beeville, Texas 78102 , Movant oro se 2 . '

Pursuant to Texas Civil Practices and Remedies Code, Sections

132.001 132.003, ~Kenneth Glenn Webb, TDCJ-CID No. 1454974,

in Beeville, Bee County, Texas declare under penalty of perjury.

foregoing instrument was mailed first class u.s. Mail, postage prepaid, on this the 9th day of May, 2011 to the following:

Ms. Lou Walker C/0 Cecil Biggers Attorney at Law P.O. Box 342 Spearman, Texas 79081

3. J.

Voi.~Pg.ISfL No. PR0-2514

IN THE ESTATE OF .§ IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

APPLICATION FOR SALE OF REAL PROPERTY UNDER SECTION 341 OF THE PROBATE CODE

Lou Walker, Executrix With Will Annexed of the Estate ofRellis Leon Easley, Deceased,

and Applicant herein, furnishes the following information to the Court:

1. The Inventory, Appraisement, and List of Claims of this Estate has been filed, and

approved by this Court.

2. A full legal description ofthe real property sought to be sold and a description of the

Estate's ownership interest in such property is as follows:

Description: All of Lot 4 and the N/2 of Lot. 5, Block 49, Original Town of Spearman, Hansford County, Texas, commonly known as 111 S. Barkley, Spearman, Texas.

3. A statement, verified by affidavit, showing fully in detail the condition of the Estate,

the charges and clainis that have been approved or established by suit or that have been rejected and

may yet be established, the amount of each claim, the property of the Estate remaining on hand and

liable for the payment of such claims, and all other facts tending to show the necessity and

advisability of this proposed sale, is attached to this Application, designated as Exhibit "A", and

made a part hereof for all purposes.

4. It is necessary and advisable to sell the Estate's interest in the aforementioned property

for the following reason: Rled ~,dock-\\.9.Jb1.o., 10 08 · Kim V. Vera, Co/Dist Court Clerk

B~~~ ,Depuey ""b -I ,f20 Beneficiary wishes for property to be sold and proceeds of sale to be distributed.

5. It will be in the best interest of the Estate for the said property to be sold at a private

sale for cash.

Applicant requests that citation be issued to all persons interested in the Estate, as required by

law, and that the Court enter an Order authorizing Applicant to sell the Estate's interest in the

aforementioned property described in paragraph 2 above at a private sale for cash, and such other

orders as the Court may deem proper.

u Walker Executrix With Will Annexed ofthe Estate ofRellis Leon Easley, Deceased

ell R. Big er Attorney for Lou Walker State Bar No.: 02308500 P.O. Box342 Spearman, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

Vof.=n.__Pg.JSl

121 V~J. _51_ Pg.) 58' STATE OF TEXAS §

COUNTY OF HANSFORD §

BEFORE ME, the undersigned authority, on this day personally appeared Lou Walker, the duly appointed, qualified, and acting Executrix With Will Annexed of the Estate of Rellis Leon Easley, Deceased, and having been duly sworn, states that the foregoing Application for Sale ofReal Property is true and correct in every respect.

~ _ L J SUBSCRIBED AND SWORN TO BEFORE ME BY Lou Walker, on this th~y of ~· 2008, to certify which witness my hand and seal of office.

VYitll l HOPPER . State of Texas Notary PublIC, • E n~res My eornmlss•on x,.. Mmch 19, 2012

\0-1 NO. PR0-2514

·IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAs·

WAIVER OF SERVICE

I, Kenneth Glenn Webb, Heir of Rellis Leon Easley, Deceased, have. received a copy·

of the Application for Sale of Real Property under Section 341 of the Probate Code. I

·agree with its contents and hereby waive service on the said Application for Sale of Real ·.

Property under Section 341 ofthe Probate Code, and ask the Court approve said

Application of Sale filed by Lou Walker, Executrix.

f-~,JIJUA

STATE OF TEXAS § COUNTY OF /j.e~ §

This instrument was acknowledged before me on the _f£_ day of . a:~ , 2008 by the said Kenneth Glenn Webb, to certify which, witness· my· . hand' and seal of office.

.•....................... 0 : •* · : ... • • ~.

: _.. ' •• ·· Joe Rt:c.,ard

oa zoo• •.................•...•• Martin-e2

f lO • •. fltotar~ Public. Ste.te ot Texlt ·, · My commission ii:.llplrel · . ~, .

Not.arr wttll041t .aeNI ·

Vol. 5}_ Pg.thl VERIFIED EXHIBIT SHOWING CONDITION OF THE ESTATE

STATE OF TEXAS §

BEFORE ME, the undersigned authority, on this day personally appeared Lou

Walker, Executrix, and after being duly sworn, stated that:

"I. Lou Walker is the duly appointed and qualified Executrix With Will

Annexed of the Estate ofRellis Leon Easley, Deceased, and in support ofthe Application

for Sale of Personal Property, submits this exhibit to the Court to show fully and in detail

the condition ofthe Estate:

"A. Charges and Claims- There are no charges and claims against the Estate

that have been approved or established by suit or have been rejected and may yet be

established.

"B. Property Remaining on Hand - The following is a full and complete list

of all property owned by the Estate still remaining on hand and liable for the payment of

the above charges and claims:

1. Description: 1990 Cadillac Sedan deVille VIN #: 1G6CDS336L4372236 value: $2,850.00

2. Description: Checking Account - First State Bank Account Type: Checking Value: $4,766.96 ·~ "C. List of Claims Owed to Estate - No claim is due or owing to the Estate.

"Il. The sale sought in the foregoing Application for Sale of Personal Property is necessary and advisable for the following reason:

Voi.~Pg. t~ ~.~··· ~ . . Vol. SJ_ Pg.ISa.. "I, Lou Walker, Executor With Will Annexed of the Estate ofRellis Leon Easley, Deceased,

do solemnly swear that the foregoing Verified Exhibit is a full and complete description of the

condition of the property of this Estate."

alker Executrix With Will Annexed of the Estate ofRellis Leon Easley, Deceased ·

BEFORE ME, the undersigned authority, on this day personally appeared Lou Walker, the duly appointed, qualified, and acting Executrix With Will Annexed of the Estate of Rellis Leon Easley, Deceased, having been duly swo~, states that the foregoing Application for Sale ofPersonal Property is true and correct in every respect.

i __I-t SUBSCRIBED AND SWORN TO BEFORE ME BY Lou Walker, on this th~y of ~· 2008, to certify which witness my hand and seal of office.

No VVETTE L HOPPER Notary Public, State of Texas · Mv Commission Expires

... March 19, 2012

)..3-/ • t

.~

No. PR0-2S14

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

REPORT OF SALE OF PERSONAL PROPERTY >·:· ~ .. ; -~ Lou Walker, Administratrix With Will Annexed of the Estate of Rellis Leon Easley, .'·, . -~ Deceased, reports the following:

I. The Order of Sale of Personal Property in this Estate is dated November 12, 2008.

2. A full description of the property sold is as follows:

Description: 14.0 X 72.0 Lancer Single Wide Mobile Home; Label No. DLS0035321; Serial No. 3FR14780729

3. The property was sold at a private sale on January 23, 2009, at Spearman, Texas.

.. .; 4. The name of the purchasers are Pedro S. Sanchez and Esther G. Sanchez. .

5. The total sales price of the real property and personal property sold was $20,000.00,

less estimated costs and expenses of sale in the sum of $1, 767.66, leaving a net sales price of

$18,232.34.

6. This sale was made for cash as specified in the contract, a copy of which is attached

as Exhibit "A".

7. The purchaser is ready to comply with the Order of Sale of Personal Property.

.. .. ~. .. . . . .. c#.: Waet12A £J ecufQI(_ ou Walker, Executrix of the Estate of Rellis Leon

w•~,..~••wtexas COPY f2b ,/Cecil R. Biggers Attorney for Lou Walker State Bar No.: 02308500 P.O. Box 342 Speannan, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

BEFORE ME, the undersigned authority, on this day personally appeared Lou Walker, the duly appointed, qualified, and acting Executrix ofthe Estate ofRellis Leon Easley, Deceased, having been duly sworn, states that the foregoing Report of Sale of Real Property is true and correct in every respect.

~~ ·"~ SUBSCRIBED AND SWORN TO BEFORE ME BY Lou Walker, on this th~dayof ~· 2009, to certify which witness my hand and seal of office.

VVElTE L HOPPER .,c State of Texas Notary Publ · · My Commiasion Expires MOIOI\ l 9, 2012

17-/ No. PR0-2514

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

DECREECONHRN.UNGSALEOFREALPROPERTY

On this day the Court heard and considered the Report of Sale of Real Property of the

following property:

All of Lot 4 and the N/2 of Lot 5, Block 49, Original Town of Spearman, Hansford County, Texas, commonly known as 111 S. Barkley, Spe~an, Texas 79081.

The Court finds that at least five {5) days have expired since the filing ofthe Report of Sale; that the

general bond is sufficient to protect the Estate ~dis in compliance with this Court's previous Order,

of Sale of Real Property and with the law; and that the real property has been sold for a fair price and

such sale was properly made and in conformity with the law.

IT IS ORDERED and DECREED that the sale described in the Report of Sale is hereby

APPROVED and CONFIRMED and conveyance ofthe property is authorized upon compliance by

the Purchaser with the terms of sale, which sale is to be for cash.

SIGNED this :J.rz rf. day of~ , 2009.

liled at / ~ o'docki M.J~l..3_A.O., zJ) ~ ---- ;,sm •Vera, Co/DiSt Court OPik

t Vol. .51 Pg. ?fa_ No. PR0-2514

.IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

APPLICATION FOR SALE OF PERSONAL PROPERTY UNDER SECTION 334 OF THE PROBATE CODE

Lou Walker, Executrix With Will Annexed of the Estate ofRellis Leon Easley, Deceased,

and Applicant herein, furnishes the following infonnation to the Court:

1. The Inventory, Appraisement, and List of Claims of this Estate has been filed, and

2. A full legal description of the personal property sought to be so1d is as follows:

Description: 14.0 X 72.0 Lancer Single Wide Mobile Home; Label No. DLS0035321; Serial No. 3FR14780729 located at 111 S. Barkley, Spearman, Texas.

3. A statement, verified by affidavit, showing fully in detail the condition of the Estate,

the charges and claims that have been approved or established by suit or that have been rejected and

may yet be established, the amount of each claim, the property of the Estate remaining on hand and

liable for the payment of such claims, and all other facts tending to show the necessity and

advisability of this proposed sale, is attached to this Application, designated as Exhibit "A," and

4. It is necessary and advisable to sell the Estate's interest in the aforementioned property

for the following reason:

. 'I~ .ft .()(14.! Benefi~ wishes for property to be sold and proceeds of sale tobe fded ii"" __ o'doCKf!'~r.;I-~~ ... AD., 20~0 . . . Kim V. Vera, Co/Oist Court Oerk

By~Gu~ ,Deoutv 1~-1 distributed.

5. . It will be in the best interest of the Estate for the said property to be sold at a private

6. The property to be sold is not the kind of property required to be sold under Section

333 of the Texas Probate Code, nor is it exempt property, nor is it in the class of specific legacies.

Applicant requests that citation be issued to all persons interested in the Estate, as required by

law, and that, upon a hearing on this Application, the Court enter an Order authorizing Applicant to

sell the Estate's interest in the aforementioned property described in paragraph 2 above at a private

sale for cash, and such other orders as the Court may deem proper.

er xecutrix With Will Annexed of the Estate ofRellis Leon Easley, Deceased

Cecil R. Bi rs Attorney for Lou Walker State Bar No.: 02308500 P.O. Box 342 Speannan, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

Vol. _51 Pg. ~ ---·,,···-------- · ~.Jol. SJ_ Pg.&

WElTE t. HOppll Public. State Of,__ Notarv mission Ellpires MyCom 2012 No. PR0-2514

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

ORDER OF SALE OF PERSONAL PROPERTY

On this@ay o~. , 2008, the Application For Sale ofPersonal Property filed byi.cm

Walker, Administratrix With Will Annexed ofthe Estate ofRellis Leon Easley, Deceased, was heard

and considered by the Court and after hearing the evidence in support of the Application, the Court

findS that citation has been issued and served as required by law; that the Application is accompanied

by an exhibit, verified by affidavit, showing the condition of the Estate, and the Application and·

Exhibit meet all requirements of law; that the following person~ property is to be sold:

Description:· 14.0 X 72.0 Lancer Single Wide Mobile Home; Label No. DLS0035321; Serial No. 3FR14780729

that the property to be sold does not include exempt property or specific legacies; that the general

bond is sufficient as required by law; that the Application should be granted and the sale of the said

property should be made at a private sale for cash; that it is in the best interest ofthe Estate for the

said property to be sold; and that the sale is necessary and advisable for the following reason:

( 1). Beneficiary wishes for property to be sold and proceeds of sale to be distributed.

IT IS ORDERED that the following described property:

Description: 14.0 X 72.0 Lancer Single Wide Mobile Home; Label No. DLS0035321; Serial No. 3FR14780729

shall be sold at a private sale for cash.

IT IS FURTHER ORDERED that no additional bond shall be required at this time, and that ~

fl.- o'dock a~.1 i\-J;l . .A.o. 2( 08 . . .

Filed 1 1

Kim V. Vera, Co/Dist Court Oerk " _ Han~d_koy~~ Texas • Bv.~ ~ nPn,,h, after the sale has been made, a Report of Sale shall be filed and returned in accordance with law.

SIGNED this ~~ay of 'fl.g.,- •• 1k. ,2008.

Cecil . B · ers Attorney for Lou Walker State Bar No.: 02308500 P.O. Box342 Spearman, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

Vot._S1Pg.l.S£ p- 10

s Attorney for Lou Walker State Bar No.: 02308500 P.O. Box 342 Speannan, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

BEFORE ME, the undersigned authority, on this day personally appeared Lou Walker, the duly appointed, qualified, and acting Executrix of the Estate of Rellis Leon Easley, Deceased, having been duly sworn, states that the foregoing Application for Sale of Personal Property is true and correct i~ every respect.

~IV\ -'SUBSCRIBED AND SWORN TO BEFORE ME BY Lou Walker, on this th~day of ~· 2009, to certify which witness my hand and seal of office.

VE11E l HOPPER '{ blic State ot Te>taS NotarvCPu mi~sion E>tpires My om , MOI.Oh 19, 2016 ' Voi.~Pg.~ No. PR0-2514

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

DECREECONmRNUNGSALEOFPERSONALPROPERTY

On this day the Court heard and considered the Report of Sale of Personal Property of the

Description: 14.0 X 72.0 Lancer Single Wide Mobile Home; Label No. DLS0035321; Serial No. 3FR14780729

and the Court finds that at least five (5) days have expired since the filing of the Report of Sale; that

the general bond is sufficient to protect the Estate and is in compliance with this Court's previous

Order of Sale of Personal Property and with the law; and that the personal property has been sold for

a fair price and such sale was properly made and in conformity with the law.

IT IS ORDERED and DECREED that the sale described in the Report of Sale is hereby

APPROVED and CONFIRMED and conveyance ofthe property is-authorized upon compliance by

the Purchaser with the terms of sale, which sale is to be for cash.

SIGNEDthi~?"rt dayof'J;.,...}- , 2009.

J o.-.. ../ ORIGINAL t5s Vol. No. PR0-2514

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

INVENTORY, APPRAISEMENT AND LIST OF CLAIMS

Date of Death: March 9, 2007

Th~ following is a full, true, and complete Inventory and Appraisement of all real property

situated in the State ofTexas and of all personal property wherever situated, together with a List of

Claims due and owing to this Estate as of the date of death, which have come to the possession or

knowledge of the undersigned. ·

INVENTORY AND APPRAISEMENT

PROPERTY VALUE

1. REAL PROPERTY:

Parcel#l LEGAL DESCRIPTION: All·ofLot4 and the N/2 of Lot 5, Block 49, Original Town of Spearman, Hansford County, Texas, commonly known as 111 S. Barkley, Spearman, Texas Total value of asset: $8,313.00 $8,313.00

2. HOUSEHOLD FURNISHINGS:

Total value: $2,500.00 Rled atlf1.9o'dockti M., \ \-9 A.D., 20b'J Kim V. Vfla, Co/Dist Court Oesk $2,500.00 Hansfo~County, Texas 3. MOTOR VEHICLES: By (1,._wu_~,Depu~ Vehicle #1 Description: Javelin Bass Boat · VIN#: 389FS \ , ' . ' €r:,t..~/b:t:l \\fP." P· 2.(

Total value of asset: $7,800.00 $7,800.00

Vehicle #2 Description: 1990 Cadillac Sedan deVille VIN #: 1G6CD5336L4372236 Total value of asset: $2,850.00 $2,850.00

Vehicle#3 Description: 1996 Chevrolet 4x4 pickup VIN #: 1GCEK19R9TE257348 Total value of asset: $8,500.00 $8,500.00.

4. CASH 1N BANKS:

Account #1 Institution: First State Bank Account type: .checking Account/CO No: 0203424 Total value of asset: $1,298.45 $1,298.45

5. MISCELLANEOUS:

Item#l Oil and Gas royalties Total value of asset: $5,000.00 $5,000.00

TOTAL COMMUNITY PROPERTY $36,261.45

LIST OF CLAIMS OWED TO ESTATE

No claims are due and owing to the Estate ofRellis Leon Easley, Deceased.

TOTAL VALUE OF ESTATE

The total value,.ofthe Estate ofRellis Leon Easley, Deceased is $36,261.45.

The Independent Executrix asks the Court that foregoing Inventory, Appraisement and List of

Claims be approved and entered of record.

Vol. ss:Pg.lo8·? >::': :-"' •.) ..... . ., I, "'.

Vol. ss:Pg.~~

u · alker II)~ependent Executrix of the Estate of Rellis Leon Easley, Deceased

Cecil R. Biggers Attorney for Lou Walker State Bar No.: 02308500 P.O. Box342 Speannan, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

COUNTY OF JM.NSFORD §

I, Lou Walker, having been duly sworn, hereby state on oath that the said Inventory and List of Claims are a true and complete statement of property and claims of the estate that have come to my knowledge.

uWalker Independent Executrix of the Estate of Rellis Leon Easley, Deceased

SWORN TO AND SUBSCRIBED BEFORE ME on this the 2007 by Lou Walker, to certifY which witness my hand and seal of office. g_ day of~~~.

YVETrE L HOPPER MY COMMISSION EXPIRES March 19, 2008

/3lf A "6~" cr"· Z? 15.~1-t:C~.:Pr

J TO BE FILLED IN-PERSONALLY BY SELLER OR BORROWER WITH HIS OWN PE~ INDEMNI'tY AND A'FIOAVIT AS TO D!S'tS AND lii!NS ~ ·~ GF# 2008-151 . · SUBJECT PROPERTY· AI! of LOt Number Four and the N/2 of Lot Number F1ve, Block 49, Original Town of· Spearman GinS!Ord County, Texas, as shown by the recorded plat thereof in Volume 25. Page· 1, Deed Re~ords of Hansford County, Texas. STATE OF TEXAS

COUNTY OF -..:!HAN=S~F'-=0'-"'HD=------

Contractor (if new construction) personally known to me to be the person whose namt' is subscribed hereto and upon hi$ oath depo$C$ and say$ that the marital status or affianr hac not changed since the .:late ot acquisition of said propeny and represents to the purchaser and/or lender in this ·transaction that to my knowledge there are: 1. No unpaid debts for plumbing fixtures, water heatets, floor furnaces, air oonditionC)rs, radio or television antennae, caTpeting, rugs, lawn spJ·Inlcllng aystems, venetian blinds, window shades, draperies, elect1·ic appliances, fences, street paving, or any personal property or fixtures that are loca.ted on the subject property described above, and that no &uch · items have been purchased on timr. payment contracts, and there are no $ecurity interestc on cucb property secured by financing statement, security agreement or otherwise except the following: · Approximate Amoullt

---·--- 2. No loans or liena (including F(';deral or State Liens and JPd11me11~ Uens) of any lcind on such propcnyexcept the following:

____ _....._..............., .~~'"-ii,illiiiiiiilii"~'O'"""'R'p-a...-tlii~~·il 1i'li-l~-·aiifM -~·-~......,;,.;.,..

_...• •_..._.~.a;M-, ....... .. lif!l!ii'! _,J y· Sll!t13A 44 3$ .;.u labor And material n~~d in the constru~tlon of Improvements on ·the a'lw"l'e described property have been paid for and t.hcn: arc now no unpaid labor oz· mau:rial claims apinst the irnprovcmetlt$ ot the pk'operty upon whioh same arc situated. and l hereby declare that all sums of money due foe t.be erection of improvements· have been fuUy paid and &atisficd. INDEMNlTY: I AGREE TO PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN TlilS nANS- ACTl"ON, THEIR SUCCESSORS ANl) ASSIGNS, ALI. AMOUNTS SECURED BY ANY AND ALL L1ENS NOT SHOWN ABOVE, TOOB1'Hf!R WlTfl ALL COSTS, LOSS AND A'L~rORNlW'S FEES THAT SArD PARTIES MAY INCUR IN CONN'SCTlON ·wiTH SUCfl UNMi~N1"'ONED LIENS, PROVIDED SAID LIENS EITHER. CURRENTLY APPLY TO SUCH PROPERTY, ()R A l•ART THBR.EOF, OR ARE SUJjSI!QUENTl. Y ESTABLISUBO AOAJNSrf SAID PROPERTY AND AR:P. CREATED BY ME, KNOW~~ TO ME, (}R HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSAC"tl"ON. I r~lllizc that the putchaser and/t>r lender in this tr'.&nsactiouare relying on the representations contained herein in pur- g same or lending money therton and would not purchase sttme or lend 'money therein unless said representations de. cutaL I iZ ·i I

2.002.. - - County, Tcex4aa.s~:Lo..,- - - -

~~~iiifti~ifi;ij;i~~S!e:tfee :l.tems checked with red mark, sign and no~arize and return t:o loAn closer or Ha.nsford Abstract Company. f<~· I . di5M k· 88gv' 0N AUedWO~ lJPJ~sqy pJO~SUeH ~~aaca:~ Sonya Shieldknight ~~'-;!~CY' -~-.--·: -__, ~~-:-~ ---~{?!l:~'o:F:~P~~~:~~tm;·)_siTit!'~~~;~;,~~!Q HANSFORD CAD This is NOT a Tax Statement- Do NOT Pay From This Notice. 709 W Seventh Spearman, TX 79081 TEL: 806-659-5575 Appraisal Year- 2008 FAX: 806-659-5109 Location of ARB Hearings: HANSFORD APPRAISAL DISTRICT 709 W SEVENTH SPEARMAN, TX 79081

EASLEYRL Protest Deadline: 06/20/2008 216MAPLEST BORGER, TX 79007-8106 ARB Hearings Begin: 07!0712008- 9:00AM Owner ID: 3593

Dear Property Owner: We have appraised the property listed below for the 2008 tax year. Based on the appraisal date of January l of this year, this appraisal is for tile following property:

INTEREST: 1.000000

SPECIAL ROAD 0 10,744 10,744 0 0.077030 0.00 PDRAM&O 0 10,744 10,744 0 0.011926 0.00 PDRAI&S 0 10,744 10,744 0 0.079~ 0.00 N PLAINS WATER 0 10,744 10,~44 0 0.02~ 0.00 HOSPITAL 0 10,744 10,744 0 0.2752!1 0.00 CTY OF SPEARMAN 0 10,744 10,744 0 0.529900 0.00 SISD M&O - HS Ceiling Freeze 0 10,744 10,744 : 0 1.040000 0.00 : SiSD I&s - HS Ceili!!g Freeze 0 10,744 10,744 0 0.225700 0.00

The above tax estimates use estimated tax rates for the taxing units. The governing body of each unit- school board, county commissioners, and so on - decides whether property taxes increase. The appraisal district only determines your property's value. The taxing units will set tax rates later this year. The Texas Legislature does not set the amount of your local taxes. Your propertv tax burden is decided by your local elected officials, and all inguiries concerning your taxes should be directed to those officials. If you are 65 or older and received the $10,000 school tax exemption on your home last year from the school listed above, your school taxes for this year ,will not be higher than when you first received the exemption on this home. If you improved your property (by adding rooms or buildings), your school tax ceiling may increase for improvements. If you are a surviving spouse age 55 or older, you may retain the school tax ceiling. Contact the appraisal office if you disagree with this year's proposed value for your property, or if you have any problems with the property description or address information. If the problem cannot be resolved, you have the right to appeal to the appraisal review board (ARB). To appeal, you must file a WRITTEN protest with the ARB before 06/20/2008. Enclosed is a protest form to mail or bring to the appraisal district office at the address above before the above date. The ARB will begin hearings on 07/07/2008. The ARB will notifY you ofthe date, time, and place of the scheduled hearing. Enclosed also is information to help you in preparing your protest. You do not need to use the enclosed form to file your protest. You may protest by letter, if it includes your name, your property's description, and with which appraisal office action you disagree. If you have any questions or need more inform,~tion~ please contact the appraisal office at the phone number or address listed above. Sincerely,

Sonya Shieldknight - Chief Appraiser HANSFORD CAD CAUSE No. CV-04982

RELLIS LEON EASLEY, § DISTRICT COURT OF

DECEASED § HANSFORD COUNTYr TEXAS

COUNTY OF BEE §

I, Kenneth Glenn Webb, declare under penalty of perjury the

following:

"On September 28, 2007 I gave, from the estate of Rellis Leon

Easley, deceased_, to executrix Lou Walker, a red, 1996 Chevrolet

4x4 pickup truck, VIN# 1GCEK19R9TE257348, valued at $8,500 for

payment in full for all the executrix duties she would perform

for the estate of Rellis Leon Easley, deceased.

"Ms. Walker agree~ to accept the above-styled pickup as payment

in full for serving as executrix for the estate of Rellis Leon

deceased.

&'J-X. "Afterwards, Ms. Walker had estate at~orney Ce~il Bigqers

transfer title ownership of the pickup truck into her name.

"Later on, I discovered that Ms. Walker sold the pickup truck

to a used car dealership for a cash down payment for same type

of sport car - a Cammaro, I believe.

"To my knowledqe the probate court never approved the sale

or transfer of this estate community property item, although

I did authorize it.

"Further, Declarant saith not."

It Kenneth Glenn Webb, TDCJ-CID No. 1454974, incarcerated

in the TDCJ-CID McConnell unit in Beeville, Bee County, Texas

declare under penalty facts stated in this inmate declaration

are true and correct.

Siqned on:

.May 09, 2011 Y(dcLd Kenneth Glenn Webb

. ' CAUSE NO. CV-04982 .--------------- IN THE ESTATE OF § IN THE 84TH JUDICIAL

I, Kenneth Glenn Webb, declare under penalty of perjury

the following:

"After executrix Lou Walker ceased commu11ication with me in March 2009, I wrote several letters to Ms. Walker and estate attorney Cecil Biggers asking what Ms. Walker intended to do with the remaining estate property items that were under her sole

care and control at the time she ceased all communication with me.

"To my knowledge, the following property items are still

urider the contr~l of Ms. Walker and are unaccounted for:

S7-i( --·--·------···---- --------·-··--- - --------- - ------- ----~- - - - - I /£::2,.-:: -------·--------···------------------------1-"r--· MISCELLANEOUS ESTATE PROPERTY ITEMS COLLECTED FROM THE INSIDE AND OUTSIDE OF THE DECEDANT'S HOME PRIOR TO THE SALE OF THE HOMESTEAD PROPERTY

* A brand new refrigerator inside kitchen

* Microwave oven

* Dining table with four chairs

* Two queen size beds

* Night stand with lamp

* 27" Television

* Two chest of drawers

* Washer and dryer * Six tackle boxes

* Another refrigerator in the garage

* Two small end tables with lamps

* Two ladders * Craftsman 6 H.P . . 30 gallon air compressor

* Welding machine

* Miter chop saw

* Several hand tools

* Dolliers

* 1990 Cadillac Sedan DeVille, Vin# 166CD5336LH372236, license plate CPV-565, tan color, four door

* 18-foot-long flat-bed trailer with title

~~. --··-···-··· -·· ·-·-····--·· ····-·-----· -·· .-··---····--· ·-·. ···---·-----·---J..'f-:'1.. ------·-----·----· ·--···-···-····· --- -· -- --··-- ---··--------·· ··-------- --------- ' . No. PR0-2514

IN THE ESTATE OF § IN THE COUNTY COURT § RELLIS LEON EASLEY, § OF § DECEASED § HANSFORD COUNTY, TEXAS

ORDER APPROVING INVENTORY, APPRAISEMENT & LIST OF CLAIMS

The foregoing Inventory, Appraisement and List of Claims of the above estate having been

filed and presented; there having been no objections made thereto; and the Court having considered.

and examined the same, is satisfied that it should be approved.

IT IS THEREFORE ORDERED that the foregoing Inventory, Appraisement and List of

Claims is in all respects approved and ORDERED entered of record.

SIGNED on the .2!£ day of NOvc .... ~~{2oo7.

1 Fdedat\: .9 o'dock'EM., l\•.9 AD.,2ot}_7 Kim V. Yea. UI/Dist Court Oerk . Cecil Atto for Lou Walker (1 ' Han~ Teras · State Bar No.: 02308500 ByQA!t& l ,• Depu~ P.O. Box342 Spearman, TX 79~81 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

Vol. ss: Pg.~ ~

. i Vol. 55 Pg. Lo\&+

Cecil R. Biggers Attorney for Applicant . State Bar No.: 02308500 P.O. Box 342 Speannan, TX 79081 Telephone: (806) 659-5531 Facsimile: (806) 659-5531

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- ~- Cf-Q'(?,of Law Office Of CECIL R. BIGGERS P.O. BOX342 Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper Telecopier: 806.659.5531 E-Mail: biggerslaw2@ptsi.net

Mr. Kenneth G. Webb TDCJ #1454974 300 I S. Emily Drive Beeville, TX 78 I 02 Re: Estate of R.L. Easley, Deceased

Enclosed please find a copy ofthe child support lien filed on May 28, 2003. Also enclosed is a copy of the title insurance commitment on the sale ofreal estate.

As you know, I represent the Estate of R.L. Easley, Deceased.

Your interpretation of Texas law is misplaced. An heir to an estate receives "title" to the property of the estate upon the decedent's death; however, that property is received subject to all claims and liens. A child-support lien does not "expire" after four (4) years. A further problem is that mineral interests (including royalty interests) are subject to such a lien.

In this instance, the sale will proceed as the Court has approved the sale and the estate is bound by contract. If we were to cancel the contract, the estate would be liable for damages.

The proceeds of sale will be deposited in a trust account to be held until we can best clear this lien either by payment, negotiation, or court order.

CRB:yh '- l d . 1 r

Law Office of CECIL R. BIGGERS P.O.BOX342 SPEARMAN, TEXAS 79081

Telephone: 806-659-5531 Paralegal: Yvette Hopper Telecopier: 806-659-5531 e-mail: biggerslaw2@ptsi.net

November 4, 201 0

We have drafted a Declaratory Judgment action to have the 84th Judicial District Court rule on the validity of the child support lien. I have previously contacted your Amarillo attorney on several occasions and will send him a copy of the proposed action for his comment prior to filing with the court.

You have previously been provided with copies of the account. We will be paying the remaining estate funds from my trust account into the registry of the court for disbursement according to the order of the court. The amount of the funds to be tendered into the registry is $13,232.54.

Since the 84th Judicial District Court still has jurisdiction over the estate by transfer from the County Court; we wiii file the paperwork to close the estate as soon as we have a ruling on the Declaratory Judgment action.

We will provide you with file stamped copies of the paperwork.

CRB:crb Spce~aa@rz Clay Schnell, Executive Vice President & Chief Financial Officer

Kenneth Webb TDC #1454974 September 22, 2014 899 FM632 Kenedy, TX 78119

Dear Mr. Webb,

I received your request for an accounting of the estate of R.L. Easley and information on a certain account here. Banks do not provide accounting on an estate unless perhaps their trust department is the executor and we are not the executor on this _estate. The executor on the estate is Lou Walker and the request should be directed there. Also, I cannot release bank account information except to the executor or upon receipt of a court order directing me to do so. The executor should be in possession of all the data you have requested. If I receive a legal court order to produce documentation then it will be done for our normal charges.

Sincerely,

~0_,)id2Q Robert C. Schnell , Ex~el1tive Vke "Pre~ident

P. 0. BOX247 Spearman, Texas 79081 806 I 659-5565 Sl.P~~@TZ Clay Schnell, Executive Vice President & Chief Financial Officer

J anuary .J,....,1 , ....·?Oll

Kenneth Webb 300i S. Emily Dr. Beeville, TX 78102

Tam sorry to inform you that we are unable to r~lease any information or transfer any funds on an estate account without the direction of the executor or a court order. Thank you for your inquiry.

Ef.lO P. 0. BOX247 Spearman, Texas 79081 806 I 659-5565

\ .. Eyg 1 p.l CAS~Ol,. ~ DOCKET BOOK REPORT PAGE ~

CMfB # CV04982 COURT: 84TH JUDICIAL DISTRICT 07 /09/20~3 CAUSE: PROBATE PROCEEDING STYLE: ESTATE OF RELLIS LEON EASLEY VS

PLAINTIFF

NAME ATTORNEY

EASLEY,RELLIS LEON ESTATE OF p BIGGERS,CECIL R BOX 342 BOX 342 SPEARMAN, TX. 7908~-0342

806-659-553~

DEFENDANT

WALKER,LOU ON BEHALF OF D

WEBB,KENNETH GLENN D 899 FM 632 KENEDY TX 78~~9

TRANSACTIONS FOR ALL PARTIES I I THRU I I

03/~9/2009 PROBATE CASE #P025~4 ESTATE OF RELLIS LEON EASLEY EASLEY,RELLIS LEON TRANSFERRED FROM COUNTY/JT 03/3~/2009 MAILED COPY OF ORDER TO TRANSFER TO KENNETH WEBB EASLEY,RELLIS LEON PRISON #~454974 300~ S. EMILY DR.BEEVILLE TX 78~02

04/22/2009 HEIRS ADVISORY TO THE COURT/JT EASLEY,RELLIS LEON 04/22/2009 HEIRS MOTION TO WITHDRAW COUNSEL FROM A CONFLICT EASLEY,RELLIS LEON OF INTEREST & PROCEED PRO SE/JT 04/22/2009 HEIRS MOTION TO WITHDRAW EXECUTOR LOU WALKER AND EASLEY,RELLIS LEON APPOINT HEIR KENNETH WEBB AS EXECUTOR/JT 05/~8/2009 MOTION FOR HEIR WEBB'S DEMAND FOR ACCOUNTING OF WALKER, LOU ON BEHA ESTATE / FILED BY KENNETH WEBB/KV 06/29/2009 LETTER TO JUDGE WILSON FROM KENNETH WEBB RE:WANT WEBB, KENNETH GLENN CASE TRANSFERED BACK TO COUNTY COURT/JT 06/29/2009 LETTER TO KENNETH WEBB FROM JUDGE BENNY WILSON/JT EASLEY,RELLIS LEON 06/29/2009 HEIR'S REQUEST TO TRANSFER PROBATE BACK TO COUNTY WEBB, KENNETH GLENN COURT/JT 07/~7/2009 PETITIONERS' MOTION TO HAVE HIS CASE TRANSFERED WALKER, LOU ON BEHA BACK TO COUNTY COURT & OBJECTIONS/FAXED TO JAN/JT 07/20/2009 LETTER FROM COUNTY COURT TO KENNETH WEBB IN RE: EASLEY,RELLIS LEON ~NFORMING HIM HIS CASE WILL STAY IN DISTR.COURT/JT 08/~7/2009 PETITIONER'S MOTION TO RECUSE TRIAL JUDGE/FILED BY WEBB,KENNETH GLENN KENNETH WEBB/JT/FAXED MOTION TO JAN 03/~7/20~0 LETTER FROM KENNETH WEBB RE:REQUESTING COPIES OF WEBB,KENNETH GLENN PROBATE & D.C. CASES/JT 03/~9/20~0 MAILED A LETTER TO KENNETH WEBB RE:COPIES/JT WEBB, KENNETH GLENN 04/15/2011 LETTER FROM KENNETH WEBB / REQUESTING COPIES WEBB,KENNETH GLENN MAILED HIM A COPY OF PLEADINGS SCREEN 4-~5-~~/KV 04/~8/2011 LETTER FROM THE COURT ATTACHED TO LETTER FROM WEBB,KENNETH GLENN KENNETH WEBB/ JT CAS10:J,. DOCKET BOOK REPORT PAGE 2

CASE # CV04982 COURT: 84TH JUDICIAL DISTRICT 07/09/2013 CAUSE: PROBATE PROCEEDING

05/02/2011 LETTER TO JUDGE SMITH FROM KENNETH WEBB/JT WEBB,KENNETH GLENN 05/20/2011 MOVANT'S DEMAND FOR AN ACCOUNTING OF THE ESTATE WEBB,KENNETH GLENN OF RELLIS LEON EASLEY, DECEASED/JT 05/20/2011 MOVANT'S MOTION TO OFFICIALLY DISMISS MOVANT'S WEBB, KENNETH GLENN ATTORNEY OF RECORD, GEORGE HARWOOD/JT 05/20/2011 MOVANT'S MOT FOR THE COURT TO REMOVE INDEPENDENT WEBB, KENNETH GLENN EXECUTRIX LOU WALKER FROM HER POSITION AS ........ . 05/20/2011 .... EXECUTRIX OF THE ESTATE OF RELLIS LEON EASLEY/ WEBB, KENNETH GLENN JT 05/20/2011 MOVANT'S MOTION FOR THE COURT.TO DISMISS THE WEBB, KENNETH GLENN ESTATE'S ATTORNEY OF RECORD CECIL BIGGERS/JT 05/20/2011 MOVANT'S SUMMARY MOTION TO REMOVE INVALID OR WEBB,KENNETH GLENN UNENFORCEABLE CHILD SUPPORT LIEN/JT 05/27/2011 MOVANT'S MOTION TO PARTICIPATE IN COURT WEBB,KENNETH GLENN PROCEEDINGS BY TELECONFERENCE OR VIDEOCONFERENCE lJ6/09/2011 LETTER FROM KID~TH WEBB RE:MOTION THAT ~~RE WEBB, KENNETH GLENN FILED/JT 06/10/2011 MAILED COPIES OF FRONT OF MOTIONS TO KENNETH WEBB WEBB, KENNETH GLENN & FAXED TO JAN/JT 07/05/2011 LETTER TO COURT FROM KENNETH WEBB/RE:MOTIONS WEBB,KENNETH GLENN FILED 07/05/2011 LETTER TO KENNETH WEB FROM COURT RE:COURT WILL EASLEY,RELLIS LEON CONSIDER RULING ON MOTIONS AFTER PROPER NOTICE .... 07/05/2011 .. & HEARING/COURT FAXED TO ATTORNEYS/CECIL EASLEY,RELLIS LEON BIGGERS & GEORGE HARWOOD/JT 09/08/2011 KENNETH WEBB RE:NEW ADDRESS/TDCJ-CID/N0.1454974 WEBB,KENNETH GLENN CONNALLY UNIT/899 FM 632/KENEDY TX 78119/PHONE .... 09/08/2011 ... # 830-583-4003/JT WEBB, KENNETH GLENN 09/13/2011 LETTER TO MS. LEWIS FROM KENNETH WEBB RE:NEW WEBB, KENNETH GLENN ADDRESS/JT 10/31/2011 LETTER TO MR.WEBB/NO TELECONFERENCE AVAILABLE/ EASLEY,RELLIS LEON NOTICE IS HIS RESPONSIBILITY/JT 10/31/2011 LETTER TO MS.LEWIS FROM KENNETH WEBB RE:HEARING WEBB,KENNETH GLENN ON THE MOTIONS/WANTS TELECONFERENCE/JT 12/20/2011 LETTER TO MS.VERA FROM KENNETH WEBB RE:WHAT PAPER EASLEY,RELLIS LEON WORK DOES HE SHOULD FILE/JT 02/02/2012 LETTER TO MR WEBB RE:ADVISING HIM CAN NOT ADVISE EASLEY,RELLIS LEON HIM OF WHAT TO FILE & FEES/JT 02/28/2012 LETTER FROM KENNETH WEBB RE:FEES FOR CITATIONS & WEBB, KENNETH GLENN SERVICE/JT 04/02/2012 LETTER FROM KENNETH WEBB RE: 5 CITATIONS TO BE WEBB, KENNETH GLENN ISSUED/JT 04/09/2012 ISSUED CITATION TO MS.LOU WALKERBY SERVING CECIL WEBB, KENNETH GLENN BIGGERS ATTORNEY AT LAW/13 W.KENNETH SPEARMAN TX 04/09/2012 ISSUED CITATION TO MS.LOU WALKER BY SERVING CECIL WEBB, KENNETH GLENN BIGGERS ATTORNEY AT LAW/13 W.KENNETH SPEARMAN TX 04/09/2012 ISSUED CITATION TO CECIL BIGGERS/13 W. KENNETH WEBB, KENNETH GLENN SPEARMAN TX/JT 04/09/2012 ISSUED CITATION BY CERT.MAIL/DEBBIE HOLT & MIKE WEBB,KENNETH GLENN STINNETT/306 N.MEREDETH, DUMAS TX.79029/JT 04/09/2012 ISSUED CITAITON BY CERT.MAIL/MR.GEORGE HARWOOD. WEBB,KENNETH GLENN ATRNY/1220 S.GEORGIA ST.,SUITE E/AMARILLO TX./JT 04/09/2012 FEE FOR ISSUING 5 CITATIONS & 3 H.C. SHERIFF'S 415.00- WEBB, KENNETH GLENN SERVICE FEE & 2 CERT. MAIL FEES DOCKET BOOK REPORT PAGE 3

CA&'E # CV04982 COURT: 84TH JUDICIAL DISTRICT 07/09/2013 CAUSE: PROBATE PROCEEDING

04/09/2012 PAYMENT FOR ISSUING 5 CITATIONS & 3 H.C. SHERIFF'S 415.00 WEBB,KENNETH GLENN SERVICE FEE & 2 CERT. MAIL FEES 04/09/2012 FEE FOR COPIES TO BE ATTACHED TO CITATIONS 89.00- WEBB, KENNETH GLENN 04/09/2012 PAYMENT FOR COPIES TO BE ATTACHED TO CITATIONS 89.00 WEBB,KENNETH GLENN 04/10/2012 CITATION LOU WALKER BY SERVING CECIL BIGGERS/ WEBB, KENNETH GLENN RETURNED SERVED 04.09.12/JT 04/10/2012 CITATION LOU WALKER BY SERVING CECIL BIGGERS/ WEBB,KENNETH GLENN RETURNED SERVED 04.09.12/JT 04/10/2012 CITATION CECIL BIGGERS RETURNED SERVED 04.09.12/JT WEBB, KENNETH GLENN 04/11/2012 CERT.MAIL RECEIPT RETURNED DELIVERED 04.10.12/ WEBB, KENNETH GLENN SIGNED BY BILL STINNETT/JT 04/11/2012 CERT.MAIL RECEIPT RETURNED DELIVERED 04.10.12/ WEBB,KENNETH GLENN SIGNED BY WANDA ROGERS/JT 04/23/2012 LETTER FROM KENNETH WEBB RE:HAVE CITATIONS BEEN WEBB, KENNETH GLENN SERVED 04/23/2012 MAILED COPY OF SCREEN 3 PAGE RE:CITATIONS WEBB, KENNETH GLENN SERVICES/JT 04/26/2012 RESPONDENT'S ORIGINAL ANSWER/FILED BY CECIL R WALKER, LOU ON BEHA BIGGERS FOR LOW WALKER/JT 04/26/2012 ESTATE'S ATTORNEY'S ORIGINAL ANSWER & SPECIAL EASLEY,RELLIS LEON EXCEPTION/FILED BY CECIL BIGGERS/JT 04/26/2012 RESPONDENT'S ORIGINAL ANSWER/FILED BY CECIL R WALKER, LOU ON BEHA BIGGERS FOR LOU WALKER/JT 04/27/2012 LETTER FROM KENNETH WEBB RE:MOTIONS & CITATIONS/JT WEBB, KENNETH GLENN 05/07/2012 LETTER FROM KENNETH WEBB RE:COPIES OF CIT.TO BE WEBB,KENNETH GLENN MAILED TO HIM/MAILED COPY OF BILL OF COST 05/10/2012 LETTER FROM KENNETH WEBB TO JUDGE SMITH RE:THANK WEBB, KENNETH GLENN YOU & WANTING TO KNOW WHAT TO DO NOW/ JT 06/20/2012 LETTER FROM KENNETH WEBB: WANTING TO KNOW IF A WEBB, KENNETH GLENN HEARING HAS BEEN SET/JT 07/02/2012 LETTER FROM COURT TO KENNETH WEBB:HEARING WILL BE EASLEY,RELLIS LEON SET WHEN HE IS RELEASED FROM TDCJ/JT 07/02/2012 LETTER TO COURT FROM KENNETH WEBB:RE HEARING DATE/ WEBB, KENNETH GLENN JT 07/30/2012 LETTER TO JUDGE SMITH FROM ATTORNEY GEORGE N. EASLEY,RELLIS LEON HARWOOD/HE ENDED HIS REPRESENTATION WITH MR WEBB .. 07/30/2012 ... IN MAY OF 2011/JT EASLEY,RELLIS LEON ?fB 7 p. '1

WILLIAM D. SMITH DISTRICT JUDGE 84TH JUDICIAL DISTRICT HANSFORD • HUTCHINSON • OCHILTREE P.O. DRAWER 3437 STINNETT, TX 79083 SPEARMAN COURT ADMINISTRATOR · aos-6~?94)E?P:, • FA>c: 659-2299 JAI\I ~· LE;\r\fiS • PERRYTON COURT REPORTER ao64$86s2 SANDRA L QUILLEN STINNETT COURT BAILIFF 806-878-4022 ~fAX: 878-3117 RICK GORDON

. MJ:, K:~nfieth Webb~ # 1454974 ·. McdoniieHUnit ·. · 30o1 South Emily Drive Beeville,TX 78102

Re: Estate ofRellis Leon Easley Cause No. CV04982 84th Judicial District Court, Hansford County, Texas

Mt:Webb:

The Court will consider ruling on the motions after proper notice and hearing.

w~ lilil:Q I), S.n#94 J~~ge •.r~siding . MlhJudidal District, Hansford County, Texas

WDS:jml

Cc: Kim Vera, Clerk George Harwood Cecil Biggers

( \ ·.

Mr. Kenneth Webb TDCJ-CID No. 1454974 McConnell Unit 3001 s. Emily Dr. Beeville, Texas 78102

May 9, 2011

Ms. Kim Vera County and District Clerk Hansford County District Clerk's Office # 15 NW Court Spearman, Texas 79081

RE: Motion Filings~ In the Estate of Rellis Leon Easley, deceased, cause No. CV-04982, 84th Judicial District Court, Hansford County, Texas

Dear Ms. Vera:

Per Judge Smith's letter dated April 15, 2011 (See attached copy) , please find enclosed for filing and presentation to the Court, the following Pro Se motions: Movant's Demand for an Accounting of the Estate of Rellis Leon Easley, Deceased~

2. Movant's Motion to Officially Dismiss Movant's Attorney of Record, George Harwood~

3. Movant's Motion for the Court to Remove Independent Ex- ecutrix Lou Walker from Her Position as Executrix of the Estate of Rellis Leon Easley~

4. Movant's Motion for the Court to Dismiss Estate Attorney of Record, Cecil Biggers~ and

5. Movant's Summary· Motion to remove Invalid or Unenforce- able Child Support Lien.

/ Kenneth Glenn Webb, Movant, Pro Se

tl57 (''\ h.r K--cN"'-e-1{_ tvelo b ·/") '\ () c:3 - c l 0 'N 0, l 4?t '1'1 it C\:_; 1\N'v ~L~ o1\ f- j,

8qtt Ff"' a3J.. 'K-r'A_'t"~ ~ 7811'1

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KIM VERA, Clerk HANSFORD COUNTY County and District Courts 806 659 4110 phone #15 N.W. Court 806 659 4168 fax Spearman, Texas 79081

March 22, 2012

KENNETH WEBB TDC 1454974 Connally Unit 899 FM 632 Kennedy, Texas78119

Mr. Webb:

We received your money order in the amount of$504.00 and your request for us to issue the citations. I need to request you to send me a list of the people you want served, their addresses and what motions you need for us to attach to the citations. I can mail your out of county citations by certified mail but I need all the names and address of the people you need served first, plus the motions you want attached. The fee for the out of county service is the same as our sheriff fee, $75.

When I receive your list I will promptly send them out by certified mail and return a copy to you.

LAI-- ~ Kim Vera, County/District Clerk Hans r County WILLIAM D. SMITH DISTRICT JUDGE 84TH JUDICIAL DISTRICT HANSFORD • HUTC!iiNSON • OCHILTREE P.O. DRAWER 3437 STINNETT, TX 79083 SPEARMAN COURT ADMINISTRATOR 806-659-4160 • FAX: 659-2299 JAN M. LEWIS PERRYTON COURT REPORTER 806-435-8052 SANDRA L. QUiLLEN STINNETT COURT BAILIFF 806-878-4022 • FAX: 878-3117 RICK GORDON April 15, 2011

Mr. Kenneth Webb, #1454974 McConnell Unit 3001 South Emily Drive Beeville, TX 78102

Re: Estate of Rellis Leon Easley Cause No. CV04982 841h Judicial District Court, Hansford County, Texas

Your letter and attachments have been filed with the Court. Copies have been forwarded to the attorneys. You may proceed as you desire.

William D. Smtth, Judge esiding 841h Judicial District, Ha sford County, Texas

~"8··

1 WILLIAM D. SMITH DISTRICT JUDGE 84TH JUDICIAL DISTRICT HANSFORD • HUTCHINSON • OCHIL TREE P.O. DRAWER 3437 STINNETT, TX 79083 SPEARMAN COURT ADMINISTRATOR 806-659-4160 • FAX: 659-~299 JAN M. LEWIS PERRYTON COURT REPORTER 806-435-8052 SANDRA L. QUILLEN STINNETT COURT BAILIFF 806·878-4022 • FAX: 878·3117 RICK GORDON October 28, 2011

Mr. Kenneth Webb, #1454974 Connally Unit 899 FM 682 Kenedy, TJ{ 78119

Re: Estate of Rellis Leon Easley Cause No. CV04982 84111 Judicial District Court, Hansford County, Texas

The Court has no facilities to accommodate your request for teleconference. Notice is your responsibility. This is a civil NOT a criminal matter.

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/63 WILLIAM D. SMITH DISTRICT JUDGE 84TH JUDICIAL DISTRICT HANSFORD • HUTCHINSON • OCHILTREE P.O. DRAWER 3437 STINNETT, TX 79083 SPEARMAN COURT ADMINISTRATOR 806-659-4160 ·FAX: 659-2299 JAN M. LEWIS PERRYTON COURT REPORTER 806-435-8052 SANDRA L. BOYD STINNETI COURT BAILIFF 806-878-4022 • FAX: 878-3117 RICK GORDON

June 25, 2012

Mr. Kenneth Webb, #1454974 Connally Unit 899 FM632 Kennedy, TX 78119

Re: Estate of Rellis Leon Easley Cause No. CV04982 84111 Judicial District Court, Hansford County, Texas

The Court will set the motions at your request when you are available to appear, following your release from Texas Department of Criminal Justice, Institutional Division.

..___:_ __ WiiJiam D. Smith, Judge Presiding 84tl' Judic-ial District, Hansford County, Texas

cc: Kim Vera, Clerk George Hruwood Cecil Biggers ~!17I 0£3 I.

UNIT COPY T.D.C.J.-I~ ·· cTUTIONAL DIVISION 07/16/2014-216 ITS40952 .C. TIMESLIPS

WEBB,KENNETH GLENN TDC:Ol454974 SID:03927238 UNIT: CY HOUSING/BED: 8K11 T05

~ *PRJ-REL-DATE: 10 13 2077 MAX-EXP-DATE: *INMATE STATUS: L3 w MAX TERM: '

FLAT TIME CREDITED: 7 05 06 CALC BEGIN DATE: 02 09 2007 GOOD TIME CREDITED: 2 03 06 TDC RECEIVE DATE: 09 18 2007 BONUS TIME CREDITED: 0 00 00 GOOD TIME LOST: 577 WORK TH1E CREDITED: 2 00 21 WORK TIME LOST: 193 *TOTAL TIME CREDITED: 11 09 03