Last Will and Testament

OF
________________________
(Name)
I, ___________________________, whose date of birth is ___________, a
resident of ________________ County, Texas, being of sound and disposing
mind and memory and over the age of eighteen years, and acting of my
own free will and without undue influence of any kind, do make, publish,
and declare this to be my Last Will and Testament, hereby expressly
revoking all Wills and Codicils previously made by me.
SECTION I.
I direct that my just and legal debts and funeral expenses and all
federal state estate and inheritance taxes imposed upon my estate or any
beneficiary thereof, including the portion of any such tax as is
attributable to the proceeds of policies of insurance on my life or other
property not constituting a part of my probate estate, be paid in full out
of my residuary estate as soon as convenient. This direction is not
obligatory upon my executor(s) and he and/or she is specifically given
the right to review and extend, in any form that he and/or she deems
best, any debt or charge existing at the time of my death, including any
mortgage on any home I may own at my death, and similarly my
executor(s) shall have the right and power to sell property, incur
indebtedness and to borrow money as he and/or she sees fit during the
administration of my estate for the purpose of paying any or all of the
aforesaid debts, expenses and taxes.
SECTION II.
I am married to ______________________. By this will I am disposing
of all of my property, whether separate, community or mixed. I hereby
give, bequeath, convey and devise all of my property, whether real,
personal or mixed to ________________________, my spouse, whose date of
birth is ______________, provided that he/she survives me by thirty days.

If ______________________ does not survive me by thirty days, then he/she

is deemed to have predeceased me and his/her gift lapses.
In the event __________________________ predeceases me, I therefore
give, bequeath, convey and devise all of my property, whether real,
personal or mixed to my children __________________________________ and
_____________________________, per stirpes, and according to the following
conditions. In the event any child is younger than twenty-one (21) years
of age, I give, bequeath, convey and devise that childs share in my estate
to ______________________________, in trust, to be held, administered, and
distributed in accordance with the following provisions
Division of Trust Estate
The Trustee shall divide the trust estate into equal shares for my
surviving children only named herein, specifically ______________________
and ______________________. If any child is born to or adopted by me after
the making of this will, it is my intention that these provisions also apply
to said child. Each share shall constitute and be held, administered, and
distributed by the Trustee as a separate Trust, as set out below and in
Section III of the Will.
Separate Trusts for Living Children
The Trustee shall apply and distribute the net income and
principal of each of the shares of the trust estate set aside for the benefit
of each of my then living children named above as follows:
(1) The Trustee shall accumulate all of the net income from each share
of the trust estate and add it to the principal until such above
named children attain the age of 21 years, except as otherwise
provided in this instrument.
(2) When each above named child reaches the age of 21 years, the
Trustee shall distribute to such above named child all of the
balance of his or her share of the trust estate.
(3) If an above named child for whom a share of the trust estate has
been set aside should die prior to attaining the age of 21 years,
then on the death of such above named child, all of the balance of
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such deceased above named childs share of the trust estate shall
be added to the shares set aside for the benefit of the surviving
above named child, including proportionately both the distributed
and the undistributed shares. If neither above named child
survives to the age of 21, and does not leave issue, the shares set
aside for the benefit of the above named children shall be
distributed to ________________________________________________, per
stirpes.
(Identify alternate beneficiaries)

Definitions
Definitions:
(1) All references in this Will to the Trust or the trust estate, unless
Otherwise specifically provided for in this Will, refer to each of the
separate Trusts provided for, respectively, and the trust estate of each
Trust.
Spendthrift Clause
No beneficiary of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal of income of
the Trust in any manner, nor shall any interest of any beneficiary be
subject to claims of his or her creditors or liable to attachment,
execution, or other process of law.
Distribution of Trust Assets by Executor
If, on termination of the administration of my estate, there has
been no distribution in trust to the Trustee and events have occurred
that would require the Trustee under the terms of this Will to distribute
all of the property immediately, my Executors shall perform all of the acts
necessary to complete that distribution and for that purpose shall have
all of the powers granted by this will to the Trustee.
SECTION III.

GENERAL ADMINISTRATIVE POWERS OF TRUSTEES

In order to carry out the purposes of each trust established by this
Will, the Trustee, in addition to all other powers and discretions granted
by this Will or by law, shall have the following powers, subject to any
limitations specified elsewhere in this Will:
Retention of Assets
To continue to hold any property received by the Trustee or
subsequently added to the trust estate, as long as the Trustee, in the
exercise of good faith and of reasonable prudence, discretion, and
intelligence, considers that retention is in the best interests of the trust.
Investments
To invest in every kind of property, real, personal, or mixed, and
every kind of investment that reasonable persons of prudence, discretion,
and intelligence would acquire for their own accounts, except specifically
investing in corporate obligations and stocks, preferred or common.
Management of Securities
To exercise all of the rights, powers, and privileges incident to
ownership of securities held by the trust, including, but not limited to,
the power to vote, give proxies, and pay assessments and other sums
deemed necessary by the Trustee for the protection of the trust estate; to
exercise or sell stock subscription or conversion rights; to accept and
retain as an investment any securities or other property received through
the exercise of any of the powers listed above.
Business Interests
To continue to operate, to sell, or to liquidate, as the Trustee deems
advisable, any business or partnership interest received by the trust
estate.
Sell and Exchange

To sell any property of the trust estate for cash or on deferred

payments, at public or private sale, without approval of any court.
Divisions of Trust Estate
On any division of the trust estate into separate shares or trusts,
to apportion and allocate the assets of the trust estate in cash or in kind
in the manner deemed advisable by the Trustee; after any division of the
trust estate, the Trustee may make joint investments with funds from
some or all of the several shares or trusts, but the Trustee shall keep
separate accounts for each share of trust.
Lease
To lease any real or personal property of the trust estate for any
purpose and for terms deemed prudent within the discretion of the
Trustee.
Property Management
To manage, control, improve, and repair real and personal property
belonging to the trust estate; to make alterations in buildings or other
trust property; to demolish any improvements; to raze party walls or
buildings; and to erect new party walls or buildings, as the Trustee
deems advisable.
Borrowing and Encumbering
To borrow money for any trust purpose from any person, firm, or
corporation, including one acting as a Trustee under this trust, on the
terms and conditions deemed proper by the Trustee; to obligate the trust
estate for repayment; and to encumber the trust estate or any of its
property by mortgage, deed or trust, or pledge, using procedures to
consummate the transaction deemed advisable by the Trustee.
Loans by Trustee
To lend or advance their own funds for any trust purposes to this
trust. The loans or advances that may be made by any Trustee, shall

bear interest at the current market rate from the date the loan is given
until repayment, and shall, together with interest, constitute a first lien
on the entire trust estate until repayment.
Natural Resource Rights
To enter into oil, gas, and other mineral leases on terms deemed
advisable by the Trustee; to enter into pooling, unitization, and other
types of agreements relating to the exploration, development, operation,
and conservation of mineral property; and to drill, mine, and otherwise
operate for the development and transportation of oil, gas, and other
minerals.
Insurance
To procure and carry at the expense of the trust estate insurance
of the type and in the amounts deemed advisable by the Trustee to
protect the trust estate and the Trustee against any liability.
Enforcement of Obligations
To enforce any deed of trust, mortgage, lien, or other encumbrance
held by the trust estate, and to purchase at any sale any property subject
to any such encumbrance
Adjustment and Settlement of Claims
To renew or extend the time of payment of any note or other
obligation held in the trust estate, and to adjust, settle, compromise, or
arbitrate claims or demands in favor of or against the trust estate, as the
Trustee deems advisable.
Litigation
To commence or defend, at the expense of the trust estate, any
litigation affecting the trust or any property of the trust estate deemed
advisable by the Trustee.
Administration Expenses

To pay all taxes, assessments, compensation of the Trustee, and

other expenses incurred in the care, administration, and protection of
the trust estate.
Employment of Attorneys, Advisers, and Other Agents
To employ any attorney, investment adviser, accountant, broker,
tax specialist, or any other agent deemed necessary in the discretion of
the Trustee, and to pay from the trust estate reasonable compensation
for all services performed by any of such employed persons.
General
To perform all of the acts and to exercise all of the rights, powers,
and privileges that an absolute owner of the same property would have
subject always to the discharge of their fiduciary obligations. The
enumeration of certain powers in this Will is not to be construed to limit
the general or implied powers of the Trustee
Failure of Trustee to Qualify or Act
If __________________________, appointed as Trustee under this Will,
fails to qualify or ceases to act as Trustee for any reason, then I nominate
and direct that ________________________________, be appointed Successor
Trustee to act as the sole Trustee under this Will, with all right, powers
and duties enumerated herein.
Delegation of Powers of Individual Trustee
_______________________________, Trustee, or the Successor Trustee
__________________________, may at any time delegate any or all of his/her
powers and duties to a corporate Trustee chosen by Trustee or Successor
Trustee, and may revoke or renew such delegation at any time.
Limit of Trustees Liability
_______________________________, Trustee, or the Successor Trustee,
_______________________, shall not at anytime be held liable for any action

or default of himself/herself or of any other person in connection with

the administration of the trust estate, unless caused by his/her own
gross negligence or willful commission of an act in breach of the trust.
Trustees Fees & Expenses
Any corporate Trustee appointed by Trustee or Successor Trustee
shall receive a reasonable fee for its services as Trustee, and
__________________________________, Trustee, or the Successor Trustee,
__________________________________, shall receive reimbursement for any
expenses incurred in connection with administration or distribution of
each Trust and a fee of One hundred dollars ($100.00) per year as
compensation for his/her services.
Determination of Income and Principal
The Trustee shall determine what constitutes income and what
constitutes principal of each Trust established under this Will, and what
expenses, costs, taxes, and charges of any kind shall be charged against
income and what shall be charged against principal in accordance with
the applicable statutes of the State of Texas as they now exist and may
from time to time be enacted, amended, or repealed.
Choice of Law
The validity and administration of the Trust established under this
Will and all determinations made relating to the construction or
interpretation of the Trust shall be governed by the laws of the State of
Texas.
SECTION IV
I name and appoint my spouse, _______________________________, of
______________________________ (address), _______________, (county) Texas
__________, (Zip) as Independent Executor without bond of this my Last
Will and Testament. In the event that ________________________ is unable
or unwilling to serve as Independent Executor, I hereby name and
appoint ______________________________, as Independent Executor without
bond. I direct that no action shall be had in any court exercising probate
jurisdiction in relation to the settlement of my estate other than the
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probating and recording of my Will and the return of an inventory,

appraisement and list of claims of my estate. If my Executor lives outside
the State of Texas at the time of probate, I appoint
____________________________, of ______________________________, (address)
________________, (county) Texas ___________, (Zip) as the agent for service
of process for my estate.
My Executor(s) shall have all the rights, duties, and powers
conferred and imposed on an independent executor by the Texas Probate
Code, as amended, and including but not limited to the power to sell,
exchange, assign, transfer and convey any security or property, real or
personal, in my estate, at private or public sale, at such time and price,
and upon such terms and conditions (including credit) as my Executor(s)
may determine.
When paying legacies or dividing or distributing my estate, I direct
my Executor(s) to use his or her discretion to divide, allocate, and
distribute the property of my estate. Subject only to the devises I have
set forth in Section II, my Executor(s) may distribute the estate property
in kind, partly in kind and partly in cash, or entirely in cash. The
decision of my Executor(s) as to what constitutes a proper division of the
property of my estate is to be binding on all of the beneficiaries.
No Contest Provision
If any beneficiary under this Will directly or indirectly challenges or
contests this Will or any of its provisions, or attempts in any way to
oppose or set aside the probate of this Will or impair or invalidate any of
its provisions, any legacy or other provision I have made with respect to
that person under this Will is revoked and shall be disposed of as if that
contesting beneficiary had predeceased me without issue.
Revocability
I have not entered into any contract to make a will or devise, any
contract to die intestate, or any contract not to revoke a will or devise.
This Will is revocable at any time at my sole discretion.
Partial Invalidity

If one or more of the provisions of this Will, or the application of

any provision to any beneficiary or circumstance, is held invalid,
unenforceable, or illegal in any respect, the remainder of this Will, and
the application of the provision to the other beneficiaries or
circumstances, shall remain valid and in full force and effect as if the
invalid portion had not been included.
Law Governing Will
This Will has been executed in the State of Texas and is to be
interpreted under, and construed in accordance with, the law of Texas.
Furthermore, Texas law shall control the validity of the provisions
contained in this Will.
THIS I MAKE AND PUBLISH as my Last Will and Testament,
hereunto subscribing my name in the presence of ______________________
and _________________________________, who have, at my request and in
my presence and in the presence of each other, also subscribed their
names hereto as attesting witnesses on this _______ day of _____________,
2005.

____________________________
(Name)

ATTESTATION CLAUSE
We certify that this instrument consisting of ten (10) pages,
including the signature pages, was in our presence signed, sealed,
published and declared by ________________________________________ to be
his/her Will. We, at his/her request and in his/her presence and in the
presence of each other, have hereunto subscribed our names as
witnesses on this _______ day of __________________________, 2005, and at
such time we believed him/her to be of sound mind and memory.

_____________________________
Printed Name:_______________
Witness 1

_____________________________
Printed Name:_______________
Witness 2
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Address: ___________________
_____________________________
_________________, TX _______

Address: ___________________
_____________________________
_________________, TX _______

SELF-PROVING AFFIDAVIT

STATE OF TEXAS
COUNTY OF ___________

*
*
*

BEFORE ME, the undersigned authority, on this day personally

appeared ____________________________, ________________________________,
and ______________________________, known to me to be the Testator and
the Witnesses, respectively, whose names are subscribed to the annexed
or foregoing instrument in their respective capacities, and, all of the said
persons having been by me duly sworn, the said _______________________,
Testator, declared to me and to the said Witnesses in my presence that
this said instrument is his/her Last Will and Testament and that he/she
had willingly made and executed it as his/her free act and deed for the
purposes therein expressed and that he/she had requested the aforesaid
Witnesses to sign as attesting Witnesses thereto. The said Witnesses,
each on oath, stated to me, in the presence and hearing of the Testator,
that the said Testator had declared to them that said instrument is
his/her Last Will and Testament, and that he/she executed the same as
such and wanted each of them to sign it as a Witness; and upon their
respective oaths, each Witness stated further that they did sign the same
as Witnesses in the presence of the said Testator and at his/her request
and in the presence of each other; that said Testator was at that time
eighteen years of age or over and was of sound mind, and that each of
the said Witnesses was then at least fourteen years of age or over.

______________________
Witness

_____________________________
(Name)
Testator

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______________________
Witness

SUBSCRIBED AND SWORN BEFORE ME by the said

___________________________________, Testator, and subscribed and sworn
to before me by the said _____________________________________ and
___________________________________, Witnesses, on this the _______ day
of __________________, 2005.
(SEAL)
_____________________________
Notary Public in and for the
State of Texas

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