in Re Kenneth Glenn Webb, Relator

07-15-00050-CV

KENNETH G. WEBB

TDCJ # 1454974

899 FM 632

KENEDY. TX. 78119-4516

DATE: Felo, (, 201 5

MS. PEEGV CLUP, CLERK OF COURT

S~VENTH COURT OF APPEALS

AMARILLO, TEXAS

DEAR MS. CULP,

Please find herein my PETITION FOR THE ISSUANCE OF THE

WRIT OF MANDAMUS; for filing in the SEVENTH COURT OF APPEALS.

The petition for mandamus is brought cor1cerning a probate matt~r

in the @4th Judicial District Court presided over by Judge William

Smith. The Cause Number in the trial court is :CV049B2 and

concerns the ~state of Rellis Leon Easley in which I, Kenneth

Webb am the sole heir.

This Motion for the Writ of Mandamus consist of 165 pages.

Sixteen (16) is the actual Motion and ~49 pages are documents

of the trial court and its representatives. In support of the

mandamus requesting the Seventh Court of Appeals to Order the

llonorable Judge Smith of the 84th Court of Hansford County, Texas

to rule on the probate case which has been before the bench since

20lJtl.

*** Please date stamp Lhis Cover Letter and return to me for

mu files showing that it has been filed and pald For. Thank you

for your time and consideration.

~~w

~~eth Webb #154974

CONNALLY UNIT

699 FiVi 632

KENEDY, TX. 78119-4516

IN THE COURT OF APPEALS

SEVENTH DISTRICT OF TEXAS AT AMARILLO

·s ~:· ~\:T~·~i ;j'~~<i·,·.·Ff! ~--~-~ ...'~.\(',J·",~.:',EALS

. ;( ·~ . . ' '

* * * * * § * * * * *

§

§ WILLIAM SMITH, JUDGE

§

KEMMETH GLENN WEBB, § 84th JUDICIAL DISTRCT

§

RELATOR § HANSFORD COUNTY, TEXAS

§.

§· RESPOND ANT

§

§

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

PETITION FOR THE ISSUANCE OF

THE WRIT OF MANDAMUS

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

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

Relator: Kenneth Glenn Webb

TDCJ-10 1454974

B9S Fi"l 632

KENEDY, TX. 78119-4516

Respondant: Judge William Smith

84th Judicial District Court

P. D. Drawer 3437

STINNETT, TX. 79083

RELATOR: RESPONDANT:

KENNETH G. WEBB WILLIAM SMITH, JUDGE

TDCJ # 1454974 84th JUDICIAL DISTRICT

899 Fl'il 632 P. D. DRARWE 3437

KEI\ii~EDV, TX. 78119 STHJNETT, TX. 79083

B B S 8 B M B H B

I N D E X

EXBIBIT # EXB PAGE # MANDAMUS P. BRIEF DESCRIPTION

1 1-9 1 6-24 WILL, ORDER OF TRANSFFR

HIRING OF EXECUTRIKT

AND ATTORNEY BIES6RS

2 25-26 PROOF OF DEATH, R.L.

EASLEY, ESTATE OF:

1 -2 '7 27-50 MOTION TO DISMISS LOU

WALt<ER, EXECTURIX

4 MOTION TO DISMISS CECIL

BIGGERS, ATTORNEY

5 1-32 83-115 MOTION TO VACATE IN-

VALID OR ILLEGAL CHILD

SUPPORT LIEN

6 1-36 116-152 MOTION FOR ACCOUNTING

FOR THE ESTATE OF R.L.EASLEY

7 1 -1 2 153-165 LETTERS AND DOCUMENTS TO

AND FROM COURT CLERK AND

JUDGE SMITH

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

P A GE '1 t hr ough 1 2 WRIT OF MANDAMUS APPLICATION

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

- I -

IN THE COURT OF APPEALS

SEVENJH DISTRICT OF TEXAS AT AMARILLO

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

§

§ WILLIAM SMITH, JUDGE

KENNETH G. WEBB. § 84th JUDICIAL DISTRICT

RELATOR § HANSFORD COUNTY. TEXAS

§ RESPONDANT

§

PETITION FOR THE WRIT OF MANDAMUS

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

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

orable Court and for good cause shown respectfully request

the Courts issuance of the Writ of Mandamus in accordance

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

edure.

!; I *

Relator would put before the Court that his Motion

for the issuance for The Writ of Mandamus to Judge William

Smith, 84th Judicial District for Texas. Hansford County

should be granted and so Ordered concerning a Civil Probate

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

March 19, 2009.

• 1•

Relator is the Sole Heir to the Estate of Rellis Leon

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

of Hansford County, Texas. The Honorable Justice Benny Wilson

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

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

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

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

II

Relator is the uncontested heir to his Fathers Estate;

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

) . Which is Easleys las~ Will and Testemant

·< '-;T'

/

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

-County, Texas.

!II

This same 'Eiourt. with the agreement of Relator Ms. Lou

Walker as Executrix on August 29. 2007. Attorney. Cecil

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

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

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

With Proof of Proprietorship, Interest and Control Over

being, established in the 84th Judicial District Court.

(exb: .:3 P• r, z,J, 11 ) .

Relator contends that since he is the sole heir to

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

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

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

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

2

And as such their duties should be preformed to~Relator~

fexb~- b p. q ).

Relator contends that Ms. Wlaker and Attorney Biggers

have both abandoned their psotions and duties to the Easley

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

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

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

have abused their authority and went beyond any authority

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

have actively worked against the interest of the Estate

and Relator, as the sole heir of said Estate.

Along with the motions to dis~iss the execturix and

attorney. Relator has requested that Court oversight be

conclued and the Estate turned over tbt Relators sote authority.

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

tions are filed among the motions and pleadings resting

in the 84th Judicial District Court. Both authorized and

questionable financial transactions and relator contends

flat out illegal activities by the exuctrix and attorney.

(ex b : ...Z p . 1~,171 18', If)

Judge Smith has no cause, and no proper authority

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

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

Relator Kenneth G. Webb.

3

Relator suffers and has suffered irreparable harm a~

loss from the Districts Court delays already. Without due

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

Easley Estate. Relator has preformed and paid for every

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

a steady contact with the court and has provided all the

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

the 84th District Court toward resolving a matter of Probabte

before it for '=srx (6) years now. (exb: 6 p. 1-37 ).

tv

Relator would show this Honorable Court that the 84th Judicial

District Court has Jurisdiction and that the failure of

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

bate case before him is an abuse of discretion and harmful

to the Relator.

Relator cannot have access to an accounting of his

inherited estate without either the attorney or the executrix

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

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

individuals have abandoned all duties to the estate and

the relator. (exb. 3 p. o-16)

The complete failure of the 84th judicial District

Court to rule on relators Motion to Dismiss Attorney Cecil

Biggers and Executrix Lou Walker for good cause shown, that

each has deserted the Estate after known and unkonow ques-

tionable financial transactions further causes irrepreable

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

4

Thus effectively allowing. at least: Mr. Biggers to

misappropriate funds from the Estate and from the sale of

property of the Estate, that should have been placed in

the Estates account tnt his own account. (exb. 1-( p. 7)

Since there is a total lack of accounting, relator cannot

say how much more property and funds has been absc onded

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

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

Relator has attempted on numerous occasions; both dir-

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

Relator has received

duplitious and hostile threatening letters from Mr. Biggers.

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

hired for. ( exb ,£( p. ? .,. 3\

1

Such misleading responses and failure to assist Relator

in even simply authorizing the bank to give him an accouting

is negligence and unsettling at the eleast. And the failure

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

a nearly decade old probabte case for no good cause and

absolutely no legal nor legitiamte reason raises more ques-

tions than it settles. (exb 6 P. 1-37

v

Relator would show that his motion for the removal

and dismissal of an Invalid or Unenforcable Child Suppot

lien has been unecessarily delayed and has caused harm to

Relator for an action that should never have been granted

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

5

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

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

services on an unenforcable child support lien. Which relator

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

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

ignoring the relators communication to the court. This pro-

bate case has been before thecourt for long enough. Surely

the Court has no reason for such delays in an uncontested

inheritance.

The Relator would show this Honorable that his Motion

to Remove an Unlawful and Unenfnrcable Child Support Lien

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

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

fexb 6

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

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

an· adult im Mav of 1982 . texb.O

. -···-..,.

-..

that his last court ordered child support payment was May

26, 1982.

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

tion for time to cnllect any child support in arreage is

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

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

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

Child SupportLien, Mr. Easley had his Estate account raided

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

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

6

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

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

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

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

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

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

Easlet estate to which Relator Kenneth Webb is the Sole

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

with relator paying for service and notice to each concerning

his attempts to have the Probate case settled and turned

over to him. fexb. 1

This delay by the court has no legitimate nor legal

reason to have existed in the first place. And certainly

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

will only enhance the irreparable har~ already caused to

the Relator and further hinder his attempts to get an accounting

of and corrections made to the Estate.

VI

Concerning Relator Webb Demand for an accountinq of the

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

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

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

ressed. and at which time the Executrix Walker and Attorney

Biggers had already deserted thir position in this case.

which they had been hired to preform. (exb 3 p ./, z.,3,1)

(exb ~ p.~ 1 5 1 ~ ) Showinq the relators Application

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

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

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

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

as the then owner of this Estate should have been given

and should have received updates of Transactions involving

the Estate. Certainly a full accounting in light of

Attorney Biggers own admission of mishandling funds from

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

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

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

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

Walker discontinuing all contact with relator. The other

Mr. Biggers misleading, lying, violtatinq ordered rules

and obligations and not so subtle threatening the rela-

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

have r u 1 e Jd 0 n this M0 t i 0 n as we 11. (eX b ~ p(. B" /1. ttJ- I"? rip f 11

\.

Also letters to an from the Court. The Court Clerk,

the Judge W. Smith, and Mr. Biggers. ( exb 7

In which it would appear Relator Webb was given the run

around from the court and absolutely Mr. Biggers. And

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

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

approved by the court. ( exb ~ p. ;;23 1 f}!6 (II 1 P• t/.-

After giving Ms. Walker $5,000 from the sale. (exb3 p. q

find to which NU hiEN was attached nor claims made against.

) Therefore in the least the

-

monies from the sale of said Homestead property should

have gone into the Relators father Estate account. Not

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

out to the court or some mysterious person. In fact

the monies, being from the Sale of Homestead Property

also inherited from Relators Father, being exempt from

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

claims on said property, should have went to Relators

personal account as i t had no guestionable liens filed

against i t . *ex b ~ P. II/1 II

Added to these illegalities is the Bank in which

the Relators Estate is being held has continually refused

to give relator an accounting of his own esate funds

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

the Attorney Mr. Biggers or the Execturix Ms. Walker

aothorize the request. And in'fact Court ordered obligation

to give relator and accounting periodically.

Added to this. The Courts ignoring the Relators

request for an accounting, as it absolutely 04~ authorize

and order such. Relators Motion to Dismiss both the

Attorney and Executri~ and for the Estate to be turned

over to Relators and a full accounting to Relator and

the Court should be so order. Irreprable harm is more

than obvious in this case.

q

VII

Relator would show this Honorable Court. in support of

Petition for the Issuance of Writ of Mandamus further cause.

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

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

his inherited estate and the actions of the Attorney Biggers

and Execturix Walker. As well as concerning his pleadings,

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

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

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

This is exhibited by his Docket Book Report from the Court (exb &?

p. ~2,? ) Which presents most of the communication dates and brief mention

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

County. Texas.

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

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

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

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

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

and the Court concerning this matter. (exb ~ p. / - 3(C)£~1)

Attached also are several documents and letters to and from the Court

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

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

W. Smith that the relator can address this matter when he qot out of orison.

~ '

( exb 1 p -121 1J ) And knowin~ that relator has a 75 Year sentence this is

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

( exb 'l p. 13

10

Thus once again relator asserts ~at i t has been

an Abuse of Discretion, perhaps negligence of collusion

in continuing to delay a hearing and ruling on the Relators

'

motions before the 84th Judicial District Court. Whereas

credible documentary evidence has been presented to the

Court. None of which has been opposed nor answered from

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

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

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

Certainly all parties are aware of relators intentions to

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

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

be settled. The unnecessary delays are obvious, the reasons

A

for said delays obscu~and questionable. Irreprable har"'l

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

Relators respectfully request the Honorable Seventh Court

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

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

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

probate case before it. So relator can either take control

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

ever is necessary.

Again, there is no legitimate reason for the nearly

decade delay in concluding this case. No legal reason for

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

of this case.

11

PRAYER

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

fully comes before the Seventh Court of Appeals, in Amarillo

Texas and request its consideration on the Petition for the Writ

oof Mandamusbe issued; Ordering the Honorable Judge Smith of

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

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

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

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

And is uncontested nor challenged on his ownership and receiver-

ship of said estate in any manner.

Relator would beg the Court to intervene and rule on his

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

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

and Pleadings by relator are as complete, clear and legitimate

as his ability to put them forth are.

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

Verification

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

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

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

s<~~

KENNETH GLEN WEBB

TDCJ# 1454974

899 FM 632

KENEDY, TX. 78119-4561

ARGUEMENTS AND AUTHORITIES

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

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

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

Relator must show the trial Court clearly abused its discretion

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

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

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

Safeguarding the rights of litigants to the just processing of

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

cases on the docket of the court.

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

doin~ ~

anything

, near to this. As relator has shown he has been

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

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

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

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

Which in the rules of administrative duties for the Justices

does not exist.

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

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

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

and the Attorney he approved of have both abandonded the relator

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

13

Likewise, there is an abuse of discretion of the trial

courtwhen i t acts without reference to any guiding rules and

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

times relator has asked the court of an accounting of his

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

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

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

relator is entitled to such an accounting.

Traditionally, a writ of mandamus had been issued only

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

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

hear and rule on his Motion to Dismiss the Executrix Walker

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

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

as such has caused actual harm to relator.

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

cretion committed by the trial court and where there is no

adequate remedy at law: Which relator asserts the trial court

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

upon the estates accounts is legitimate or not. Since according

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

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

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

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

dismissed.

14

The trial Court clearly abuses its discration if i~ reaches

a decision so arbitrary as to amount to a clear prejudice

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

is more than obvious this has heppened when the trial court

authoroized the sale of Homestead property which the Executrix,

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

said real property had no leans against it. Sale

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

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

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

the property of Relator Webb.

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

Attorney Biggers put into his persunal account and where

such has been for years. Supposedly paying into the registar

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

happened. And relator has informed the court in his Motions

to Dismiss Cecil Biggers and Motion for an Accounting had

been going on. Which amount to clear and actual violation

of Texas State Law.

A Writ of prohibition directing a lower court to refrai11

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

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

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

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

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

from his satate while awaiting his ruling on the current

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

15

Relator would show this HQnorable Court that On a Mandamus

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

if it clearly falls to analyLe the law correctly or apply

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

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

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

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

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

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

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

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

for the dilligent discharge of Civil Actions. In this case

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

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

then Executrix Lou WalKer and Attorney C. Biggers back on

2009.

Relator has provided this Honorbale court with adeguate

record to substantiate allegations contained in the Petition

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

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

Which were approved, ruled mandated and acted upon by the

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

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

Bigger·s.

Relator believes there is no question that ALL his motion

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

SmithJdeserve a fair and legitimate hearing and would respec~­

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

16

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Be.ore h d

me, t e un ersigned authority, on this day pers!)nally appeared Jc.t:; L

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- - - - - - - - - - - - - - - - - - - - - - - - · · 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

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, • • • ····-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

-.-

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'

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

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-·2.

~' .

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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

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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

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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.

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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!'<OS

2009014972

FEE : $16 . 01?

Randall County TEXAS

eX~~ P: 2'-t"

DATE 07/30/2009 HANSFORD COUNTY/DISTRICT CLERK RECEIPT # 18474

#15 N.W. COURT - 806 659 4110

TIME 12:23 SPEARMAN, TEXAS 79081 FILE # M06391

RECEIVED OF: WEBB,KENNETH

FOR: WEBB,KENNETH

DESCRIPTION: RECORDING/364-193/REVOCATION OF POWER OF ATTY/

WEBB TO WALKER

AMOUNT DUE $16.00

AMOUNT PAID $16.00

BALANCE $.00

PAYMENT TYPE 0

CHECK NO 09-139680879

COLLECTED BY CW

REVOCATION OF POWER OF ATTORNEY

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, Hutchinson County, Texas as

these revoked Powers of Attorney pertain to me, and all property,

both real and personal, obtained by me in the past,present or future.

ANYTHING NOT LISTED IS NOT WAIVED BY OMISSION.

~HUJ

Kenneth Glenn Webb

State of Texas )

)ss:

County of Bee )

On this ] , day of July, 2009, A.D., before me, the under-

signed, a Notary Public in and for said State, personally appeared

Kenneth Glenn Webb, known to me (or proved to me on the basis of

satisfactory evidence) to be the person(s) whose name subscribed to

the within instrument, and acknowledged to me that he executed it.

Witness my hand and Seal:

.: @

• ··'

_U . ··:

'·

. . . . . . . . . . . . . . . . . . . . . . . . Ill

• .·. '· Joe Richard

Martinez

.....

Notafy Public. State of Te•as .•

.

.

·

......-.......' ...' ......

• ·_. .. .... My tommission Expires '

• . . 08 30 2009 )

N·ofary INitheu·t Bond

• •@~a8@'ir.Z

Clay Schnell, Executive Vice President

& Chief Financial Officer

January 31, 2011

Kenneth Webb

3001 S. Emily Dr.

Beeville, TX 781 02

Kenneth,

I am sorry to inform you that we are unable to release any information or

transfer any funds on an estate account without the direction of the executor

or a court order. Thank you for your inquiry.

Thank you,

R. Clay Schnell

/

P. 0. BOX247 Spearman, Texas 79081 806 I 659-5565

,....

_,.. / .. '~.

CAUSE NO. CV-04982

IN THE ESTATE OF § IN THE

RELLIS LEON EASLEY, § 84TH JUDICIAL DISTRICT COURT

DECEASED § OF HANSFORD COUNTY, TEXAS

MOVANT'S MOTION FOR THE COURT TO DISMISS THE

ESTATE'S ATTORNEY OF RECORD CECIL BIGGERS

TO THE HONORABLE JUDGE OF SAID COURT:

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

motioning the Court to dismiss the Attorney of Record appoint-

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

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

the following:

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

Rellis Leon Easley.

2. On August 13, 2007, Lou Walker ("Eiecutrix"), the Ex-

ecutrix for the estate of Rellis Leon Easley, retained

the legal servicesofSpearman, Texas attorney Cecil Big-

gers ("Biggers") to represent her and the estate. See

Exhibit - - - "A

0-----

3. Movant moves the Court to dismiss Biggers estate At-

torney of Record appointment based on the following reasons:

a. On February 04, 2009 Biggers stated in a letter to

Movant that he never informed Movant that there were

not any liens filed against the exempt, homestead pro-

perty of the late Mr. Easley prior to entering into

contract to sell the real and personal homestead property,

1-37

''"'I

l..., ........ r1

see exhibit --'---

B when there was a lien placed against

such property and when the Executrix, who Biggers rep-

resents, stated in writing at the time of making ap-

plication to sell the homestead property that there

were not any liens against the property. See exhibits

C

-~-

and D Regardless, Biggers had an attorney

duty to determine if there was a lien against the home-

stead property, and to inform Movant of such, prior

to making application for sale and prior to entering

into any contractual agreement to sell lien exempt home-

stead property and subject the non-exempt cash proceeds

from the sale to the enforcement action of a child support

1 ien. See exhibits ---~-

E and ---~---

F

b. On February 04, 2009 Biggers also stated in a letter

to Movant that Movant's father, the late Rellis Leon

Easley, "did not file an answer" to the Moore County,

Texas Child Support lien issue, see exhibit B , when

the truth is Mr. Easley did file an answer to such on

March 06, 2003 asserting several defenses regarding

the lien being invalid and unenforcable because of laches

and the statute of limitations mooting the child support

arrearages and eventual judgement that became the basis

of the lien. See exhibit G

c. On March 13, 2009, Biggers allowed Hansford Co. County

Court Judge Benny Wilson to authorize paying the Executrix

$5,000.00 of frozen estate lien money from the $20,000.00

sale of the homestead property as payment for her execut-

rix duties, when the Executrix had not completed her

duties as Executrix of:the estate, and when Biggers and

the Exe~utrix failed to inform Judge Wilson that the

Executrix had already been paid in full for her executrix

services when the Movant had previously given her an

$8,500.00 4 x 4 Pick-up truck.

d. On November 04, 2010--the last date Movant·:-had

received any communication from Biggers-- Biggers stated

2-/

1 ..

in a letter to Movant that "We have drafted a Declaratory Judgr.-

ment action to have the 84th Judicial Court rule on the validity

of the child support lien". See exhibit H Biggers never

filed this action and never sent a copy of it to Movant's former

attorney Mr. George Harwood, who no longer represents Movant

but who was representing Movant on November 04, 2010.

e. On Novemeber 04, 2010 Biggers also stated in a letter to Movant

that "We will be paying the remaining eatate funds from my trust

account into the registry of the Court for disbursement according

to the order of the Court. The amount is $13,232.54." See ex-

hibit H This transfer of funds never occured, so movant

isj!>.O-concerned these funds may have been embezzled.

f. After Novemebr 04, 200 Bigg~rs has ceased all ~ommunication

with Movant and the Court has failed to perform any work in re-

gard to resolving the remaining issues of the estate. Biggers

has refused to ieply to Movant's letters.

g. After MaTch 13, 2009 Bigger's failed to inform this Court

and Movant that the Executrix, on her own accord, has stopped

serving as executrix of the estate. The Executrix has failed

to reply to a single· letter that Movant has written to her about

the estate, including letters about the disposition of the estate~

remaining property items.

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

order Biggers to account for and transfer the $13,232~54 of estate

money that it allegedly in his attorney trust fund account in

to this Court's registry until a·ruling by this Court is made

~on the validity of the child support lien.x

Movant also prays that this Court, based on the foregoing

facts, immediately dismiss Biggers Court appointment as an attorney

of record for the estate of Rellis Leon Easley.

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

entitled.

3

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.

/ ~---·-

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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.

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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

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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"

~~

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2l<C3 t.f . P~ I 7

basis by the court. In short, the doctrine of "Laches"

does not apply in this matter.

The temporary solution is that the proceeds of sale

are being held in my trust account after payment of

expenses of sale. We are researching the proper

disposition of this matter and we will inform you when we

have a course of action;

If you have any questions please do not hesitate to

contact me.

Sincerely yours,

CRB:ylh

Law Office Of

CECIL R. BIGGERS

P.O. Box342

Spearman, Texas 79081

Telephone: 806.659.5531 Paralegal: Yvette Hopper

Telecopier: 806.659.5531

E-Mail: biggerslaw2@Jltsi.net

January 29, 2009

Mr. Kenneth G. Webb

TDCJ # 1454974

McConnell Unit

3001 S. Emily Drive

Beeville, Texas 78102

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

Dear Mr. Webb:

I received your letter of February 3, 2009. I need to

clarify that I do not represent you, I represent the Estate

of R.L. Easley. To further clarify, my office has never

represented to you in any of our correspondence that there

were no liens on your father's property.

As to your concern about any contact to the parole

board, there has been no contact from my office to the

parole board on your case. You are correct that if an

inmate were to send threatening mail to any individual,

that individual could advise the parole board of the

threat.

As to the matter in Moore County, Texas, that is a

Judgement from a case in which your father did not file an

answer and did not tend to during his life time. That

judgment is final. The lien from that judgement is what is

filed of record. A judgment lien in Texas attaches to any

real property owned by the judgment debtor. This would

include a house or mineral interest. That lien is

effective when the judgment becomes final and is

abstracted.

"A Motion to Dismiss Child Support Lien" as you have

attempted to file is spurious; it has no effect.

If you have an attorney, have that attorney contact me

and we will attempt to explain this situation to you. If

. "' .

c. ' I I

you are relying on "jail house" counsel, consider the

source.

We will keep you notified of any actions we take to

try to resolve the lien situation.

If you have any

This text is long and has been trimmed here. Open the source document for the complete record.