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Drew County Circuit Court - Probate Division
Stephanie Chisom, Drew County Clerk
2023-j un-26 1 .
COUNTY AND PROBATE CLERK 22PR-23-77
COUNTY OF DREW ‘ C10D02 : 7 Pages
eT
B vY.
TIME.
AST WILL AND TESTAMEN
OF
JAMES L.. FRINK
STATE OF TEXAS
COUNTY OF ELLIS
I, JAMES L. FRINK, of Ellis County, Texas, being over the age of eighteen (18) years and of sound and
disposing mind and memory, and not acting under the undue influence of any person, do make, publish and declare
this instrument to be my Last Will and Testament, revoking all former Wills and codici!s ever made by me.
DENTITY OF TESTATOR'S FAMILY
1 declare that |! am now married to CEFERNIA SILVIA FRINK and all references in this Will to “my spouse”
are to her.
[have the following children, specifically’ BRADLEY A. FRINK, JAMES R. FRINK, RODNEY J. FRIN' 1
have two adopted children, CRISTHOFER FRINK PINEDA and JIMMY FRINK PINEDA. All references in this
Will to “my children” are to such children.
AYMENT OF FUNERAL EXPENSES
| direct that my funeral expenses be paid by my executor as soon as practicable after my death
All taxes, including any interest and penalties thereon, which may be payable by reason of my death and all of
my debts, funeral expenses and administration expenses shall be charged against and paid out of my residuary estate
My executor is specifically given the right to renew and extend, in any form that she deems best, any debt or charge
existing at the time of my death.
ROPERTY BEING DISPOSED
It is my intention to dispose of all rea! and personal property, both community and separate in character, which [
have the right to dispose of by this Will
BEQUESTS AND DEVISE
1 bequeath and devise all of my property, real, personal, mixed, community and separate, wherever situated, of
which | may own, seize or possess; or to which | may be entitled at the time of my death to my spouse, CEFERNIA
SILVIA FRINK.
In the event my spouse predeceases me | give devise, and bequeath all of my property, real, personal, mixed
community and separate, of every kind and character and wheresoever situated to my children, who survive me,
specifically BRADLEY A. FRINK, JAMES R. FRINK and RODNEY J. FRINK, CRISTHOFER FRINK PINEDA
and JIMMY FRINK PINEDA in equal shares.
If any of my children should predecease me, | hereby direct my executor to give that predeceased child's share
to his issue to share per stirpes in the inheritance that the deceased child would have received.
Page Ll of 4 INITIAL : 4 4
If at the time of my death, I leave surviving me any other child or children born to or adopted by me subsequent
to the date of this Will, then it is my Will and } hereby direct that this bequest shall inure to the benefit of and shall
include as a beneficiary hereunder, along with my children named above, any and atl children born to or adopted by
me so that all of my children shall take and receive such property under this provision of my Will in equal
proportions.
If my spouse and all of my children should predecease me and there are no issue of such predeceased child, then
| bequeath and devise all of the rest and residue of my property, real, personal, separate and community to my heirs
at law.
In the event that any devisee or tegatee under this Will shall die within a period of sixty days after my death,
such legatee or devisee shall be deemed to have predeceased me, and | direct that all the provisions of this Will be
construed on that assumption.
I have made, or may from time to time make a written memorandum in which I request that certain items of
personalty be distributed to certain named persons; | urge the beneficiaries of my estate to respect these written
requests.
IDUCIARY APPOINTMENT:
| appoint FIRST SECURITY BANK, 1140 HWY 25 B North, Heber Springs Arkansas, to be Indepeadent
Executor of my Will and estate. If FIRST SECURITY BANK does not qualify, or having qualified, resigns, or
otherwise ceases to act, | appoint to act in its place as
Independent Executor of my Will. | appoint BEN HECKATHORN, ATTORNEY, to act as my agent for service for
any matters to be conducted in Texas.
All individual fiduciary executors shall receive fair and reasonable compensation for serving under this Will,
All corporate fiduciaries shall receive fair and reasonable compensation for services rendered in any amount not
exceeding the prevailing charges for services of a similar character at the time and at the place such services are
performed, and all my fiduciaries shall be reimbursed for the reasonable costs and expenses incurred in connection
with their fiduciary duties.
I direct that no bond shall be required or other action had in the settlement or probate of my estate other than the
probating and recording of my Will.
Unless other meaning is clearly indicated or required by context or circumstances, the term “executor” shall
mean and include any Independent Executor, or any alternate or successor while serving as the personal
representative of my estate.
I grant unto my Independent Executor or its successor full power and authority over any and all of my estate,
real or personal property, and she is hereby authorized to sell, manage and dispose of the same or any part thereof,
and in connection with any such sale or transaction, make, execute and deliver proper deeds, assignment, and other
written instruments and to do any and ail other things proper and necessary in the orderly handling of my estate.
My Independent Executor shall have full power to compromise, settle and adjust any and all debts, claims and
taxes which may be due from or owing by my estate.
Page
2 of 4 INITIAL
ENERALP! VISIONS
Where context and circumstances require, the gender of all words used in this Will shall include the
masculine, feminine and neuter, and the singular of all words shall include the plural and the plura{ the singular.
This Last Will and Testament has been executed in the State of Texas and ail questions pertaining to its validity,
construction and administration shall be determined in accordance with the laws of the State of Texas. If any part,
clause, provision, or condition is held to be void, invalid, or inoperative, such voidness, invalidity, or inopertiveness
shal not affect any other clause, provision, or condition hereof; but the remainder of this Last Will and Testament
shall be effective.
Distributions may be made (1) to or for the benefit of the beneficiary, (2) directly to the beneficiary, (3) on
behalfof the beneficiary for the beneficiary's benefit, (4) to any account in a bank or savings institution either in the
name of the beneficiary or in a form reserving title, management and custody of the account to a suitable person for
the use of the beneficiary, (5) in any form of annuily, (6) in all ways provided by laws dealing with gifts or
distributions to or for minors ( including but not limited to the Texas Uniform Gift to Minors Act) or persons under
disability, (7) to any suitable person with whom the beneficiary resides or who has the care or control of the
beneficiary, without obligation to see to the further application of the distribution, and the reciept for distribution by
that person shall fully discharge my fiduciaries.
SIGNATURE CLAUSE
In witness whereof |, JAMES L. FRINK, make, set declare, publish and hereby execute this instrument as my
Last will and Testament, hereunto subscribing my name in the presence of
Lauce L. a He (oy, and _* Ma! cc , who have,
at my request and in my presence and in the presence of each other also subscribed their names hereto as attesting
witnesses, all on May 23 , 2014, at Red Oak, Ellis County, Texas.
PAA
AMES L. FRINK, Testator
TTESTATI US!
This instrument, each preceding page of which is identified by the Testator’s initials, was subscribed, published
and declared by the Testator to be his Last Will and Testament in our presence, and we in his presence, at his request
and in the presence of each other, hereto subscribe our names as witnesses, and we declare that at the execution
hereof, he was of sound mind and memory and under no constraint.
Pomrn &WitnessCrtttra— 800. Roary Greek Dav lout, ¥¥ “15 ISU
Sm, p21 Oul\ 1514
id SS A ress
Page 3 of 4 INITIAL
-. te Es Fi
STEPHANI
COUNTY AND PROBATE CLERK
COUNTY OF DREW
FEO
— aw
BY.
TIME.
SELF-PROVING AFFIDAVIT
STATE
OF TEXAS
COUNTY OF ELLIS
Before me the undersigned authority, on this day personally appeared. JAMES L FRINK,
Lauds L. Pa Heroon. — coand Ponnie MeClure , 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, al! of said persons being by me duly sworn, the Testator, JAMES L.
FRINK, declared to me and to the said witnesses in my presence that said instrument is his Last Will and Testament,
and that he had willingly made and executed it as his free act and deed for the purposes therein expressed. And the
said witnesses, each on his oath stated to me in the presence and hearing of the said Testator, that the Testator
declared unto them that said instrument is his Last Will and Testament and that he executed same as such and
wanted each of them to sign it as a witness; and upon their oaths each witnessed in the presence of the said Testator
and at his request; that the Testator was at that time eighteen (18) 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
thereofor of the Maritime Service) and was of sound mind and that each of said witnesses was then at least (14)
years of age \
}
Ladner i Luck
ES L. FRINK, Testator
Witness
Ailing Mt ne:
LAME
Subscribed and acknowledged before me by the said Testator, JAMES L. FRINK, and subscribed and sworn to
before me by the said witnesses, CAuore L. fa Hersud , and
Ronny Wetlure on May 33 2014
Ban Heokathem
Notary Public, State of Texas Notary RIG County, Texas
December
6, 2018
*
Page 4 of 4 INITIAL
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