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 =
= .
-.;; ~
... .
::I
Q,
..
0
0
...
~
....
~
E-o E-o 0 ...."' .:3 ~
~
z
..e·
t:
d
..gl,
<.1 c
rz:l
==
::J l:i "
0
::!!! Cl
< < .=
0
< 0 ~ p. i
.
0
•
ti
rz:l
0
~ .....0
I!
~
..
0
E-o ~ ~
z0 ~ .i
~
-z ::3 u
:r
.."'
0
z
zci ; ..
ll
= .. 0
z
i.i=
< s ~
z
j
.;
.!1 0""' :5 ::I i~
~ ~ 0 'i .
ll
'Q
> Q
z
.....
~
-
z .s
.Q
"E e 11
E-o
CIJ
<
..c
.., ..
0
u
.....
p.
..c
...=
~
.. =
..:I .!!. .....0 -g 0 » •.
~ ii; ~ .5 u ~
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.
II
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
the Will as a devisee.
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
ORDER AUTHORIZING PAYMENT OF EXEUCTOR'S COMMISSION
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
3
_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
TO THE HONORABLE JUDGE OF SAID COURT:
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
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
Kenneth Glenn Webb
Movant pro se
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."
2
'~·--- 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
..... '" -··-~-·--···~--··· ___ j)L.a_ c/J1J_};.1~ )1'-J(e.Lq____._.__________.~--·---. --- ~---·----·---------·------···-··--"·-···``----
··---- ___ ·····-··---·--·-· . .EJec~....Jd:~_j_h_c/.os -e.d.._£LJ_fev.£2S'..~.?J.LL .a£10-d..~------------------····---·-··
. _... ···-··-···-·---- _.____ Q:f``~-kJial~...:tlz~___flz£61_~-~A:!:I:aL.r:uf~--· . ._________..... ·: .
fl.,. J,_, I L. d) !} J ~ rJ/. '1Ff'() 7
... ··--·· ............-.~- ____1:£... l.C£JL..£2.1.(-..-LLli.-f..C2.CA..~ JS.:_e•..L.....Qa... _·``,wet~._O(.!.£.!...``-----~--"'~ _ ................ _.... .
·-L /_, '
. . . ____ . . ___ __p~ a:i<~J~k- L'f:!FI 1-J:hjJ:LL'avJ:L<." · - .,-.__ -• ' ·•··-``--• • · - · · ~-• •···~· "'``---.~-.--,.. ~ ,. • -.·'-•••·- .... _ · · - • " ,., ~ ,., •··•·•~ ~ • ·•, __,. ..... • ~ ,.,.,,..,.,_,.._,``·'""'..,. ~->-·· ~>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!'.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
3-/
Kenneth Glenn Webb
TDCJ-CID No. 1454974
McConnell Unit
3001 South Emily Drive
Beeville, Texas 78102
Movant Pro Se
VERIFICATION
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
CERTIFICATE OF SERVICE
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
Kenneth Glenn Webb
Movant Pro Se
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
Dear Mr. Webb:
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
Dear Mr. Webb:
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.
/ ~---·-
i..;
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
Dear Mr. Webb:
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
Dear Mr. Webb:
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~·-· ..... .
````·.··~·· - ··-· . -··
~ _gf..-._ ~ £.:§ff?r/-£ q:f. B L. . E.. As``
. -- .....,.:~ ...
·-··:-~_/_·J~.! .il.l``-(jRs_j·· ..
. -----``- _ .. _(;'_f!~+,;y_§_~-, ...-Z...Llln. _(!!Ri-hiv;J t.h/s b.Cff&, /N _ ge~l.d.f!£JS
_-. . t12 __ t;6l~ __ ``-. . ./::1.~- on m~ .:I}JfJ.I el<.s Pl2r¥!et?.i¢1 ..
--`` ·--=~- ·:r. _~?f!.~i!J!ff"~'ftit{ ·~tJ' Z;;Jis _f!?g> o'H 01. .Z¥3bv1' __
. . __ fiJtZ _tl~___i,gy?j ~-' A{t¢!!::~Lf?A+>o!\ of ('I) .fo~ 'dC!Jl(S
1
4!:1`` L!.eJv ~Qec;gng-I ~lg ~-9~. ~ ~i:oN ef' LA~ cvNtN
.
. . ___f:t ..-!'it~'?-. -.!?..~'<":' . . t<~:eC!_~I!-:'!;£~{fi c~_ ?!ll!:.~ J uc;14 Pf2?~:f:l!?.t\t _ _ _q_~·- m~ -
.............J&__ _ _ r;IV(~ ..e. ~t;:;j~_fl4_~. P9.Y (A) . ' ,fls w~ /..:no~/ 1Nqt£ Me
. . ... --~No. __ fd(ff?~l Q_"l~ . .ll2~!Q~ _Qiy!_ _{~;_!:_ .. k~£AJ. 7):1_tf;~: m~·) ec;~c&<-N,;;v -1/.JA-f frJ,£Jiteg~_
· ``--,-``~liC.. . '1n Je L.P
:~---~-~ .--~::~---/i:~.CfA.._ iNa/ t-e.r . -roc.::r- :tt J'tsLJ~I~
Sco J .f". £N; L.:::J Q_@__ ~
sa U/~...L.J:E
.
T-M. , 7f>J1.?1...
-1--·-·.
......;..._____ ~-·-··-'-~
-··--·····-···--~·-·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
Dear Mr. Webb:
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 '(
t 1-~ -the_ ~Ovlt~ r~ \-a f~
$ O·t ·
~ H?JVV3hJ LC-t.JA'Jy; T~-S
---·--
,' '
.--·
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
Dear Mr. Webb:
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.o.- AA- ~
f\ ~ A.vttA. ~- .1~ pLeA:.J ~ I...CI7 k t>--1- +"-~ ·tc-r 1) `` h~ /,~ ~k `` -t
0op 1-~seLfl
/
'
?t
-~--
...... "1-2
. .
t)cJJ-te
G--rl``1~
~.d l M1P, ~ef~ '-fk b l- \ e&r d tf t- ~I'D ~ c-v WC"1i d..ao\-.&{
-
I"-
~ 'H- 'i -.;}~ \ID '-!h(_ ~-I- ~e\+e r J "/'&k ..},) if-' WAs dt.id '>- ~-.QalJ..
T 1\e\ler hAve ~o+ (10 rc~fOtlbe,,
S';(; qt-:>~vc bM hoiJ:"J l::..d-3~-~'t ~ "'~ -lt~m U'-k:.A-a 10
~·' "'\) o" L[ ~ eu;l, C-Jc-v ~'"' not- -Pr! eol t1!l'1 ~'"1 iI' fYUJ b.-e ~\ ~ f' 1\.
~ou~h\1' Lf 1eo,r:., Nhu. 3't ~N ~o~\,~ 1\' do?
A-L)o J Nvvl.ol L:h ..J.c ~w NkJ- ,'J il\ ~- f?v~u~ ~k
etc cuu t-.1- ~ l.cc~
i-!:, M- F ,'r;l- S'1-evk ~ )L Sf"',_..~ \o<
fl.a.oJM tl. Q:lo:o,y.Q. ~ .
..
/3
.... l::
b (Jc.CJcc_ ~ < •
/11r Lectcl ~, f'}~o~
~ ,0. &J.j._ :s '1 ().
~ e~ ~ t:tid.:> L&~ fl1r 1't1-i2-------·-----
______t_ic_l?&8ad~-----------------
____L~ro:l__Jt.'t:c_(Y-J_di__9:t.~/YL__AA.I ?1tl1_.__t_ __
· - - - - ---------
{:eM ell ?ue6h
/f(.:rl(t>;1 '1
ll ?1: F-/Vl t :5~
....... _ . . -·· _ '15e~:J,-``1XH~ .... ·- ·~·-----~----· _
I
······--····--·--------------------·-·-·------ --------------·------------· ---
----·--------------------·-------------------- ~ ~-_dO~__ :
-------------------------_'--------------------------------``t:-~-d``~-----------
~/Vt~/{_ ~hh .
roc:# llfs-ttq7lf
'871 Ffr\ l{ 3 2..
_r---
.. ·----·----·-·--·-··--··---- -·---·-----
Kr:nedJ Tit. 7)111'1 ~A- I ~ ~':_, /'
-------------------------------------------------------------------~J__~Jg_/3___
~7ti;;_,;.``~:. ``=~-``======- -·-- -----------------=-=
. . JtlL t'a..L~'tif~--·· ·····--------------------------------------------------
-- if}; _()_t- &·:;(___ 3.~2----- - ---- - --- -----. ·---------- -----------------------------
-SF'1.-t~ =g___7j_ctg_J_ - - .. . - - . - -----------
___ -- -·----- ---- ·-·--- ----- -----~----~--·- ---------------------------- -
·-----·----------------------------------- _ ---~.c.:___c~sr:_cv_, o '1 j2.:l_____
G---=~==~=``~=~- ---``l ~- _ ___
-----``--!v``Caf-1-------- [_ -- ------------~
1
. - ;_ .-· ---
_______________ __ seJ£_____ ---------------------------------------_________ -------------------------------- ---------- F``:: ·
ryq
t,P(\(1 ei{_ wcLb
vl )t{ Yttt17~
"iq tt r fV\. c3ol
-Kel\td y )5\_, nllq .
~w otr~c {)f-
L"ec;I r:. e``
p,ol f!xx ~(tJ..
6fett~ ~ 7'110"8
vee-r mi. f)wt~
t ``,;<) fkt f.s-kk.
t, /;J 'r,d- t» c '-ftV ff:'A~ 4v do UJ ·~ #," I:?, ..2.3d ' ~ fW 'f¥.y c.-
F!CfV' +he Sa h: 1J IY'"\ f=,.J-h .-~ ; lr"' )l"r f.bmc.
,;( ' Ai.so IN w an..vvJ .rJ ~ -t:~. vv.R ft, l f'YlOfl ,..., -JW. i~
'6 ~""'- 1J\
1\
UI\JV ""'J t-?tiher~ 1'\;:ifl'lC: '" r,r.s-1- SJ,.+t: ~k
~ O+h<:F prep<"!~ [.W 1-wr:: CCJ\1tcolr '[ ~(tJfV'- "[ 'J7.-/It.-r'c,
T;.xJid lr.<;/1~ 1; ~<" -lv ~ W~f :~ '()<'/·"~ m, ~
/
.--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
Dear Mr. Webb:
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 ---·------
\__j''--------'-----------------~-1-~rJ_·
/). (
CAUSE NO. CV-04982
IN THE ESTATE OF § IN THE
RELLIS LEON EASLEY, § 84TH JUDICIAL DISTRICT COURT
DECEASED. § OF HANSFORD·COUNTY, TEXAS
MOVANT'S SUMMARY MOTION TO REMOVE
INVALID OR UNENFORCEABLE CHILD SUPPORT LIEN
TO THE HONORABLE JUDGE OF SAID COURT:
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.
6
Er-!3 5- p. 7
(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.
7
~-=-' .
E)<& 5 . p. 8"
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 S.W.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
8
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.
10
t:>d3 5 p. I(
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.
11 -
'
C:)207 S.W.3d
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 S.W.3d 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 .••
2
t, .•
,,. <~-·
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
3
' I
..
''
.~ ' •
··"'-
!--····
___...
'
II
,, If
It
,,
II •I
,.
' I
I !
l~
1
.:·,~ .._.· ..
t
..
I .. ,
t I '"' I ..
'•
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
~·.
..:
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
..
...,, . ··.
~- . ~- .. . •' .; ~·. `` -;: ·:. .. . .. ··
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
i".:...;-
``sr ''A~
. ~ ...~
.. '
-~..!
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
F:\HOME\LDUBUQUEIFAMIL Y\STINNE1T, AUDREY· MTN TO CONFIRM CS ARREARAGE
2003-026-L . PAGE 1
1.. -.j......
-~
----......'\
.
__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
F:\HOME\LDUBUQUE\FAMILY\STINNETT, AUDREY· MTN TO CONFIRM CS ARREARAGE
2003-026-L PAGE2
''
,. ..
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
F:\HOME\LDUBUCUE\FAMILY\STINNETT, AUDREY· MTN TO CONFIRM CS ARREARAGE
2003-026-l PAGE3
loS
.
0 0
-~·
'
,.
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
F:\HOME\LDUBUQUE\FAMILY\STINNETT, AUDREY· MTN TO CONFIRM CS ARREARAGE
2003·026-L
PAGE4
c..,"•
/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
February 16,2009
Kenneth Webb
#1454974
3001 S. Emily Dr.
Beeville, TX 78102
Re: Cause No. P02514- Estate ofRellis Leon Easley
DearMr. 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.
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
January 9, 2009
Mr. Kenneth G. Webb
TDCJ #1454974
3001 S. Emily Drive
Beeville, TX 781 02
Re: Estate of R.L. Easiey, Dccca:sed
Dear Mr. Webb:
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.
We will keep you informed as this matter progresses.
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.
~ f:\home\ldubuque\stlnnett.jud 1
~
f~: ..
t /,.
: .
.· •.. ...
~· t \ ~l-.1 I • •"• .;
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. ·
f:\home\ldubuque\stlnnett.jud 2
!lD
......· ·-
-~
~ '
``,
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
f:\home\ldubuque\stlnnett.jud 3
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
--~
jtL
.
·- l
. .
•• ·~
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
CAUSE NO. CV-04982
IN THE ESTATE OF § IN THE 84th JUDICIAL
RELLIS LEON EASLEY~ § DISTRICT COURT OF
DECEASED § HANSFORD COUNTY, TEXAS
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:
1. Movant is the sole heir and beneficiary of the estate
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
. '
VERIFICATION
Pursuant to Texas Civil Practices and Remedies Code, Sections
132.001 132.003, ~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.
Kenneth Glenn Webb
Movant Pro Se
CERTIFICATE OF SERVICE
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 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
Kenneth Glenn Webb
Movant Pro Se
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
TO THE HONORABLE JUDGE OF SAID COURT:
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.
Respectfully submitted,
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·:· ~
.. ; -~ 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.
Respectfully submitted,
.. .. ~. .. . .
. ..
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
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 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
TO THE HONORABLE JUDGE OF SAID COURT:
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
approved by this Court.
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
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:
. '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
sale for cash.
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.
Respectfully submitted,
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.&
STATE OF TEXAS §
COUNTY OF HANSFORD §
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.
APPROVED AS TO FORM:
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
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 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
following property:
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 $36,261.45.
The Independent Executrix asks the Court that foregoing Inventory, Appraisement and List of
Claims be approved and entered of record.
Vol. ss:Pg.lo8·?
>::': :-"'
•.) ..... . .,
I, "'.
Vol. ss:Pg.``
u · alker
II)~ependent Executrix of the Estate of Rellis Leon
Easley, Deceased
Cecil R. Biggers
Attorney for Lou Walker
State Bar No.: 02308500
P.O. Box342
Speannan, TX 79081
Telephone: (806) 659-5531
Facsimile: (806) 659-5531
STATE OF TEXAS §
COUNTY OF JM.NSFORD §
I, Lou Walker, having been duly sworn, hereby state on oath that the said Inventory and List
of Claims are a true and complete statement of property and claims of the estate that have come to
my knowledge.
uWalker
Independent Executrix of the Estate of Rellis Leon
Easley, Deceased
SWORN TO AND SUBSCRIBED BEFORE ME on this the
2007 by Lou Walker, to certifY which witness my hand and seal of office.
g_ day of``~.
YVETrE L HOPPER
MY COMMISSION EXPIRES
March 19, 2008
/3lf
A
"6~" cr"· Z? 15.~1-t:C~.:Pr
J
TO BE FILLED IN-PERSONALLY BY SELLER OR BORROWER WITH HIS OWN PE~
INDEMNI'tY AND A'FIOAVIT AS TO D!S'tS AND lii!NS ~
·~ GF# 2008-151 . ·
SUBJECT PROPERTY· AI! of LOt Number Four and the N/2 of Lot Number F1ve, Block 49,
Original Town of· Spearman GinS!Ord County, Texas, as shown by the recorded plat
thereof in Volume 25. Page· 1, Deed Re~ords of Hansford County, Texas.
STATE OF TEXAS
COUNTY OF -..:!HAN=S~F'-=0'-"'HD=------
Contractor (if new construction)
personally known to me to be the person whose namt' is subscribed hereto and upon hi$ 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
IN THE ESTATE OF § IN THE 84th JUDICIAL
RELLIS LEON EASLEY, § DISTRICT COURT OF
DECEASED § HANSFORD COUNTYr TEXAS
DECLARATION OF DECLARANT KENNETH GLENN WEBB
STATE OF 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."
Kenneth Glenn Webb
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
2
. '
CAUSE NO. CV-04982 .---------------
IN THE ESTATE OF § IN THE 84TH JUDICIAL
RELLIS LEON EASLEY § DISTRICT COURT OF
DECEASED § HANSFORD COUNTY, TEXAS
DECLARATION OF DECLARANT KENNETH GLENN WEBB
STATE OF TEXAS §
COUNTY OF BEE §
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
2
``. --··-···-··· -·· ·-·-····--·· ····-·-----· -·· .-··---····--· ·-·. ···---·-----·---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.
JUDGE SIDING
APPROVED AS TO FORM:
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
3
-- .
t:
I~
. e;,e. &f .50
, '{\' _ £ 1\&/JJleM. G~ lv~hh t,uldh 7D !~tsf/uc{- /-·I
' ~· Jo;_JxJ)g /)0 /Vl &rde!: Ji?.. 7o L'Ci//J cuf
. jn J ('c"'Jueof&. aJ' {.J/ /11":· · · l~Xh>'b;a- •::f•
-''../~·v/"\../\.-
1,j /1 J_ j 7ocL:r de. tiS ~vdL DS lltirt e!c. ``doc/,1
~ Clrc 0/1
Y/z, ivdd!'!./ .j c'lw/' 6Ci1....1 fA'c p,.o/' a:!'1J
8: /I/ &cN.'J St-. tf jf''"c.l~" ~ [ ?0}J-( ;6 be_
'kef( eel"J CWl.c! 61-ot~o/IJr S cc-/';: ):"''l~.
? ! o} Z c:.Lso ?J,-,1.'!... 'fi sdl_ -rlic /ll:l-'!er f.ku_, e CJ.t{
. f!?ivr /f mcvd tfi g" J.&d, &4 o4- Mctd-c
? /I} ..J ?J:sA 1o ~,,.,.J ov~ ;J,c k-J- rj !11.,-f!-·kLe'Gst .
. cj_?~t:>CfVvctM. w.~ (//lola ~J Lou ULk-er~ Supervlif~fl\.
~/-rAt. Ci/YlO.k ._fJ· s3
-litX\i-::trY3:::o:r ~\ s '
T w~d) ra.buv e . .J w i <:s' !,__ 1o re- Jf"' !uu1 s c.
f.r!r dcLJ,r {;:_r JcL/.l'r Pn. 6ct£ ~.s lJdL <;;<~ ~ her
Jhr: CvY~ovrJ o.fJ 1()_:...."...9 ho-ur J2r e4ch. houv &h..c NorkJ. She
'. 'S 1n )Aol r::c ('cpJ~">- oj cvU `` J_ Fs A-c at]l'cc-~
JU -;-h,.s ~ o//l- f).e4c,c sl'fj"-. .
/ t.;j /) f /_ (Yit:/ze "( :n aole b'1' ~c. scd.e 6 a b., vc. .jw: u-J..
fa l:x: {Jl.ace {;{ ,Sd>,.V(,A~,) A. CCv/1 f V/lo{~/ I>J 1?14/JC.
I /I. A
/J~o! -t_, llvJ ~} ~. S<'r~d me l"lmli.J 61-"i.fr_,.,/l.if h-vc
cvr"' J ctddr"'sJ ,.., ?r-.soJA.. JJJ.Cs ~ Mf; )/ .d a,.,_ /cfe:-.sk>{
~4``ui/~
c "
~-··········-··-····-·-·-~
- ~- 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
January 9, 2009
Mr. Kenneth G. Webb
TDCJ #1454974
300 I S. Emily Drive
Beeville, TX 78 I 02
Re: Estate of R.L. Easley, Deceased
Dear Mr. Webb:
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.
We will keep you informed as this matter progresses.
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
Mr. Kenneth Webb
1454974
3001 Emily Dr.
Beeville, TX 78102
Re: Estate of R.L. Easley, Hansford County, Spearman, Texas
Dear Mr. Webb:
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
Kenneth,
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.
Thank you,
R. Clay Schnell
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
NAME ATTORNEY
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.
Sincerely,
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
$ ~- _'K; M- "e,. c;.,._ Filed at~ o'clock AM., 1z•zo A.D., 20 _!_(
lkol:,~ CC.~"`` \J,~o-1-_ Cblc_ kJ\:..,VP~
#[) NlAJ Covr+ ·
. Co/Dist Court Oerk, Hansford Couney T~xas. · ·
s~ -@C...r-fV'CA 'oL '7 t1 Cfb L
«~.· :]:A`` £-:,~e a/0 ~e.\l~ LeyV\.6.;,_~-t~'j. \}eceq~t>A
. .
B.-w1 c... f\u1 C\J.t OY.otga . · · ·
. . g_'-t ~ 0K1W.--c.i- w.r.f.-. ~ol~-C.:r~ ~1\`` ·
'U) e.CJ fh~ \( er~ . . .
J tJ.r- hNe:"d-' svd-. 'p.._ ~ t-t~ ee#/'~ ~ ~eJ"0
p,.;,~ dz,oh"- ("Art of J -A letA &(VI c. rv-io+J"'f\~ ~ ,;l,cl, gOt[
c ~CJ f I~'C te II l'l1do J nee~ 1n +ll-t ei-k+J '"~/ Svf'lNl'l~
' ' 0 ··.· . .,. .
M C, J
0
J:K Jlt;+,' qo,J `` -!{~ ::x,~ &..'11-. 1b tRv It o..... -J{ c. (Y'Cf\l'L~ i'
d a"' fr``t~v:<, 'G>'\0{ ("\r `` H.w{ ~+ oll~ ~'?!-• .J ~e}
-tit'( o.t ,;-(!I f w Sl'&i y>e-o .-. ~ 4ia,... ``"Sf"\."fl... ~ w ~rA J.
.Jl; I e tk rrc-NeA ~ .fu ~ ef ev ~ ~ 'U- 1w ~ CA e.o..re 'i .fS...+ ;-1..:..
~<:S ~ ~ r "'-
Cop'1 ~ all Y.Mo-1-ian~ trtA ``~ '~ d w: II ~r t'+
(¥'<;.1 ll"ti'( 1u Vf."'-'- !\Go J need 5 Sher,f{ ~t.?.rf' tJ,.,+ ?ll'c ~llc.-JoiJ.
AN>( .,.( N{ 11 ~ e f t{ c. 0-1"-fk"-/ &. `` c--p( Cl 'o{ v-~ ole.-,.._ . ~d
f~f'`` --?t~