Preview
Filed
4/17/2024 12:52 PM
Dwight D. Sullivan
County Clerk
Galveston County, Texas
LAST WILL AND TESTAMENT
OF
LARRY EL COTTEN
Prepared by:
Spurlock & Associates, P.C.
17280 West Lake Houston Pkwy.
Humble, Texas 77346
281-548-0900
281-446-6553 (facsimile)
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LAST WILL AND TESTAMENT
OF
LARRY EL COTTEN
I, LARRYEL COTTEN, of Harris County, Texa: make this my Last Will and
Testament, and I revoke all Wills and Codicils previously made]
by me.
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ARTICLE I.
Identification
T have two children, Christopher Sean Cotten and Lisa Marie Barr. All referen
ces in this
Will to "my children" are to them. In addition, all references inthis
Will to "my descendants" are
to my children (as defined above) and to all of their respective descend
ants.
ARTICLE I.
Burial Request
I request that my remains be cremated.
ARTICLE Hl.
Bequests
I give, devise and bequeath all of my estate to those of h 'y descendants
who survive me
per capita at each generation. If none of my descendants survive: me, I give, devise
and bequeath
all of my estate to my heirs.
ARTICLE Iv.
Executor Appointments
A. Executor. I appoint my daughter, Lisa Marie Barr, to be Independent Executor
of my Will and estate. If Lisa Marie Barr fails to qualify, dies, resigns, becomes
incapacitated, or
otherwise ceases to serve, I appoint my son, Christopher Sean Cotten, to
be Independent
Executor of my Will and estate. If Christopher Sean Cotten | fails to qualify, dies,
resigns,
becomes incapacitated, or otherwise ceases to serve, I appoint my daughter-in-law, Natalie
Joy
Cotten, to be Independent Executor of my Will and estate.
B Bond; Independent Administration. No bo or other security shall be
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required of my Executor in any jurisdiction. No action shall required in any court in relation
required
to the settlement of my estate other than the probating and ree rding of my Will and, if
in
by law, the return of an inventory, appraisement, and list of claims of my estate. An affidavit
if
lieu of inventory may be substituted for an inventory, ap, raisement, and list of claims
permitted by law.
C. Expenses _and Compensation. Every Executor shall be reimbursed for the
reasonable costs and expenses incurred in connection with such Executor's duties. Every
by such
Executor shall be entitled to fair and reasonable compensati n for services rendered
a
Executor in an amount not exceeding the customary and prevailing charges for services of
similar character at the time and place such services are perforn ed.
D. Ancillary Executors. If my estate contains property located in another state or a
my
foreign jurisdiction and my Executor cannot or chooses not tq|serve under the laws thereof,
Executor shall have the power to appoint an ancillary individual or corporate Executor of such
property.
E Multiple Executors. Unless another meaning jis clearly indicated or required by
context or circumstances, the term "Executor" shall also me and include any Co-Executors,
alternates, or successors. Except as otherwise specifically provided in this Will, if two or more
f
Executors are named or serving hereunder and any one or mor , but not all, decline, fail or cease
to serve for any reason, and no successor Executor is named h rein, then the remaining Executor
or Co-Executors, as the case may be, shall be appointed or continue to serve in such capacity.
F. Actions by Co-Executors. In all matters relating to my estate, the decision of a
majority of the Executors then serving shall control. Any wri ting signed by the persons whose
decision shall control shall be valid and effective for all purposes as if signed by all such
Executors.
ARTICLE V.
Executor Powers
Each Executor shall, to the extent permitted by law, act independently and free from the
control of any court as to my estate (and as to all of the property of my estate). Each Executor
shall have and possess all powers and authorities conferred by statute or common law in any
jurisdiction in which such Executor may act, except for any ifstance in which such powers and
authorities may conflict with the express provisions of this Will, in which case the express
provisions of this Will shall control. In addition to such powers and authorities, each Executor
shall have and possess the following powers and authorities (gach of which shall be exercisable
in the discretion of such Executor) with respect to my estate, and the following provisions shall
apply to my estate:
() To retain, without liability for any depreciation or loss occasioned
by such retention, any property which was owned me when my Executor
determines that, because of the circumstances involved. my estate would be better
served by not diversifying the investment in such property;
(2) To exchange, sell or lease for cash, roperty or credit, or to
partition, publicly or privately, at such prices, on such terms, times and
conditions
and by instruments of such character and with such venants as my Executor
deems proper, all or any part of the properties of my estate, including real
property, and no vendee or lessee shall be required to |look to the application of
any funds paid to my Executor;
(3) To borrow money from any source (including any Executor) and to
mortgage, pledge, or in any other manner encumber all or any part of the
properties of my estate as may be advisable in the judgment of my Executor for
the advantageous administration of my estate;
(4) To make, in the discretion of my Executor, any distribution
required or permitted to be made to any beneficiary under this Will in any of the
following ways when such beneficiary is a minor or is incapacitated: (i) to such
beneficiary directly; (ii) to the guardian or conservator of such beneficiary's
person or estate; (iii) by utilizing the same, directly and without the interposition
of any guardian or conservator, for the health, support, maintenance, or education
of such beneficiary; (iv) to a person or financial institution serving as custodian
for such beneficiary under a uniform gifts to minors act or a uniform transfers to
minors act of any state; (v) by reimbursing the person 10 is actually taking care
of such beneficiary (even though such person is n the legal guardian or
conservator) for expenditures made by such person for the benefit of such
beneficiary; and (vi) by managing such distribution as/a separate fund on the
beneficiary's behalf, subject to the beneficiary's contim g right to withdraw the
distribution; and the written receipts of the persons receiving such distributions
shall be full and complete acquittances to my Executor;
(5) To make divisions, partitions, or distributions in money or in kind,
or partly in each, whenever required or permitted to divide, partition, or distribute
all or any part of my estate; and, in making any such divisions, partitions, or
distributions, the judgment of my Executor in the selection and valuation of the
assets to be so divided, partitioned, or distributed shall be inding and conclusive;
and, further, my Executor shall be authorized to make) distributions from my
estate on a non-pro rata basis; and
(6) To invest and reinvest the properties of my estate in any kind of
property whatsoever, real or personal (including oil, gas and other mineral leases,
royalties, overriding royalties and other interests), whether
or not productive of
income, and such investments and reinvestments may|be made
without regard to
the proportion that such property or property of a simi ar charact
er held may bear
to my entire estate if my Executor determines that, b
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ause of the circumstances
involved, my estate would be better served by not diversifying such
reinvestments; provided further, the standard for
investment or
ssessing the investment
performance of a Trustee who is an individual shall be the prudent investor
rule in
Section 117.004 of the Texas Uniform Prudent Investor Act, and such rule
shall
be applied to the investment performance of the entire portfolio, taking
into
account the purposes, terms and provisions stated herein, and not the investm
ent
performance of any single investment considered apart from the rest of the
portfolio.
ARTICLE VI.
Miscellaneous
A Spendthrift Provisions. Prior to the actual rece’ ipt of property by any beneficiary,
no property (income or principal) distributable under this Will hall, voluntarily or
involuntarily,
be subject to anticipation or assignment by any beneficiary, or to attachment by or
to the
interference or control of any creditor or assignee of any beneficiary, or taken or reached by any
legal or equitable process in satisfaction of any debt or liability of any beneficiary,
and any
attempted transfer or encumbrance of any interest in such property by any beneficiary hereunder
prior to distribution shall be void.
B. Survivorship Provisions. No person shall be deemed to have survived me if such
person shall die within 30 days after my death; however, my Executor may make distributions
from my estate within that period for the support of my children. Any person who is prohibited
by law from inheriting property from me shall be treated as havi g failed to survive me.
Cc Payment of Debts. I direct that all of my legal debts, funeral and testamentary
expenses, costs and expenses of administration of my estate, and all estate, inheritance, transfer
and succession taxes (Federal, State and others) upon or with re spect to any property required to
be included in my gross estate under the provisions of any |. , and whether or not passing
hereunder, shall be paid as soon after my death as in the opinion of my Executor is practical and
advisable. If at the time of my death any of my property is subject to a mortgage, lien, or other
debt, I direct that the devisee taking such property shall take it s bject to such mortgage, lien,
or
other debt, and that such person shall not be entitled to have the obligation secured thereby paid
out of my general estate. My Executor is specifically given the right to renew, refinance and
extend, in any form that my Executor deems best, any secured or unsecured debt or charge
existing at the time of my death. Under no circumstances shall my Executor be required to
prepay any debt of mine.
I
D. Descend. ants.References to "descendant" of) "descendants" mean
lineal blood
descendants of the first, second or any other degree
of the ancestor designated; provided,
however, such references shall include, with respect
to any provision of this Will, descendants
who have been conceived at any specific point in time
re evant to such provision and who
thereafter survive birth; and provided, |
‘d
further, an adopted id and such adopted child's lineal
descendants by blood or adoption shall be considered under
Will as lineal blood descendants
of the adopting parent or parents and of anyone who is by
bl d or adoption a lineal ancestor of
the adopting parent or of either of the adopting parent
s.
E. Incapacitated. A beneficiary shall be deemed "incapacitated"
if my Executor, in
my Executor's reasonable discretion, determines that such ben
i
eficiary lacks the ability, due to a
physical or mental condition, to manage his or her own persona
l and financial affairs. My
Executor shall be deemed "incapacitated" if and for as
long as (i) a court of competent
jurisdiction has made a finding to that effect, (ii) a guardian
or conservator of such Executor's
person or estate has been appointed by a court of competent jurisdi
ction and is serving as such,
or (iii) one physician (licensed to practice medicine in the stat¢) where
my Executor is domiciled
at the time of the certification, and who is board certified in the special
ty most closely associated
with the cause of such Executor's incapacity) certifies that due|to a
physical or mental condition
my Executor lacks the ability to manage his or her own persona
l and financial affairs. An
incapacitated Executor shall be deemed to have regained capacity if
there is a finding to that
effect by a court of competent jurisdiction or if one physician (with
the same qualifications
described above) certifies that th e Executor is capable of managing
his or her personal and
financial affairs.
F. Heirs. . References to "heirs" are to those persons who would inherit
separate
personal property from the person designated under the statutes jof descent
and distribution of the
State of Texas, if such person died intestate and single at such time.
G Per Capita At Each Generation. When a distribution is to be
made toa
person's descendants "per capita at each generation," property| shall be divided into as many
equal shares as there are (i) surviving members of the nearest generat
ion of descendants who
survive such person, and (ii) deceased members of that generation who
left descendants who
survive such person. This division into shares shall begin at the generation nearest to such person
that has a surviving member. Each surviving member of the nearest generati
on of descendants
with a member who survives such person shall receive one share, and
the remaining share or
shares, if any, that would have passed to each deceased meml er of
that generation who left
descendants who survive such person shall be combined and then divided
and allocated in the
same manner (by reapplying the preceding rule) among his or her remaini
ng descendants who
survive such person as if the descendants already allocated a share and
their descendants had
failed to survive such person. This definition is intended to o yerride any conflicting or contrary
common law definition.
IN TESTIMONY WHEREOF, I have placed my initials on each of the foregoing pages
of this, my Last Will and Testament, and in the presence of 0 witnesses, who are acting as
witnesses at my request, in my presence and in the presence of each other, I hereunto sign my
name, on Bik 25" » 2015. °
(ity
& CBE
LARRY EL/COTTEN, Testator
The foregoing instrument was signed by the testator in|our presence and declared by the
testator to be his Last Will and Testament, and we, the undersigned witnesses, sign our names
hereunto as witnesses at the request and in the presence of t testator, and in the presence of
each other, on Run vst 25 ; 2015.
Arnage i
Witness Signature
Cvvoe Sours | vty
Street Address |
17 OY o
a mble, | ¥
City, State and Zip |Code
OL LAr Ouse
Witness Signature
Sbl4
Street Address
Walt St
TK 72087
City, State and Zip Code
ee E a
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SELF-PROVING AFFIDAVIT
STATE OF TEXAS
§
§
COUNTY OF HARRIS §
Before me, the undersigned authority, on this day ersonall appeared LARRY EL
COTTEN, Suny outbul and Mea th Zz
known to me to be the testator and the witnesses, respect
ivell, Whose to names are subscribed
the annexed or foregoing instrument in their respective capacitile s, and,
all of such persons being
by me duly sworn, the said LARRY EL COTTEN, testator, dé clared
to me and to the witnesses
in my presence that such instrument is his last will and testamer it, and
that he had willingly made
and executed it as his free act and deed; and the witnesses,
ea on his or her oath stated to me,
in the presence and hearing of the testator, that the testator)
h: ad declared to them that such
instrument is his last will and testament, and that he executed game 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 testator and at his
f
quest; that he was at that time
eighteen years of age or over (or being under such age, was or h id been lawfully
married, or was
then a member of the armed forces of the United States or of an auxiliar
y thereof or of the
Maritime Service) and was of sound mind; and that each of the witnesses was then at least
fourteen years of age.
Xoliy f
L.ARDOE, oy
C
EN, Testator
if
fa,
i ee
Wittess Signature
Oh hieudh Lat Qe
Witness Signature
_. Subscribed and sworn to before me by LARRY L COTTEN, testator, and by
SM Spurl Ateja nde
SEE M12 , witnesses, on
dy
» 2015.
J LEH.
a
KIMBERLEY M. SPURLOCK
Notary Public. = of Texas
My Commi Expires Notary Public, Séitel@f Texas
0 January 22. 2017
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