E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

IN THE DISTRICT COURT OF IOWA IN AND FOR SAC COUNTY

IN THE MATTER OF

NO. ESPRO

THE ESTATE OF

APPLICATION FOR PROBATE OF

FOREIGN PROBATED WILL AND
APPOINTMENT OF EXECUTORS

DORINE MOLSBERRY AJK/A,

Frances Dorine Molsberry, Deceased

The undersigned Frank Molsberry, son and sole beneficiary of the decedent, respectfully
states:
1.

The decedent Dorine Molsberry AJKJA Frances Dorine Molsberry died on April

5, 2014 and at the time of death was a resident of, and domiciled in, Williamson County, Texas
and left a Last Will and Testament dated April 24, 2006 which was duly admitted to probate by
Order of the County Court of Law of Williamson, Texas on December 21,2015.
2.

A copy of the Application for Probate of Will in Texas, and issuance of letters

testamentary authenticated by the certificate of the Clerk of Court of Williamson County, Texas
is attached hereto as Exhibit "A" and incorporated herein by reference.
3.

A copy of the decedent's Will filed for probate in Texas authenticated by the

Certificate of the Clerk of Court of Williamson County, is attached hereto as Exhibit "B" and
incorporated herein by reference.
4.

A copy of the Order Admitting said Will to probate and granting letters

testamentary to Frank H. Molsberry as personal representative of the estate authenticated by the

Certificate of the Clerk of Court of Williamson County, Texas is attached hereto as Exhibit "C"
and incorporated herein by reference.
5.

Oath of the independent executor signed by Frank H. Molsberry authenticated by

the Certificate of the Clerk of Court of Williamson County, Texas is attached hereto as Exhibit
"D" and incorporated herein by reference.

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

6.

The decedent's Will was executed in accordance with the laws of the State of

7.

A certificate of the Clerk of Court of Williamson County, Texas and the County

Texas.

Court Judge of Williamson County, Texas certifying that Exhibits 'A' through Exhibit 'D'
attached hereto and incorporated herein are true and correct of what has been filed in probate in
Williamson County, Texas in the Estate ofF. Dorine Molsberry is attached hereto as Exhibit "E'
and incorporated herein in reference.
8.

At the time of the decedent's death the decedent owned real property in Sac

County, Iowa having an approximate value at the time of the decedent's death of$2,471,378.00.
9.

At the time of the decedent's death the decedent owned real property in Worth

County, Iowa having an approximate value at the time of the decedent's death of$1,427,052.00.
10.

The decedent did not own any other real estate or possess any personal property in

the state of Iowa. The estimated gross annual income from the Iowa estate during administration
is $80,000.00.
11.

The decedent's Will has not be admitted or denied probate in Iowa. No person has

been appointed by any court in Iowa to act as executor of the decedent's estate.
12.

It is necessary that the decedent's Will be admitted to probate in Iowa and that the

undersigned be appointed as executor.

13.

The law firm of Becker and Brotherson of Sac City, Iowa, is designated as

attorney for the estate by the undersigned to probate the estate in Iowa.

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

14..

Kodi Brotherson in the law office of Becker & Brotherson in Sac City, Iowa

should be appointed as co-executor since she is a resident of the state of Iowa.

15..

Frank Molsbeny and Kodi Brotherson should be appointed without bond so that

the Iowa property may be properly administered in Iowa during the period administration of the
estate, so that the claims of all creditors in Iowa can be satisfied, and so that the interest of all
distributes under the decedent's Will be protected.
WHEREFORE, the undersigned prays that the Last Will and Testament of F. Dorine
Molsbeny be admitted by probate by this Court in Sac County, Iowa in the same manner
provided by law and that Letters of Appointment be issued by this Court to Frank Molsbeny and
Kodi Brotherson as co-executors without bond.

STATE OF TEXAS, COUNTY OF WILLIAMSON, ss:

I, Frank Molsbeny, am a resident of the State of Texas and son ofF. Dorine Molsbeny; I
have read the above and foregoing Application and know its contents; and that the testa'ments
therein made are true and correct as I verily believe.

:littt?=
Subscribed and sworn to before me this _I_day of Deci!IB$ 2016.

Notary Public
ROBERT ROWE
Notary 10 # 128526317
My Commission Expires
February 17, 2019

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

Filed: 12/1/2015 10:16:47 AM

Nancy E. Rister, County Clerk
Williamson County, Texas
By: Susan Klint, Deputy Clerk
15-0943-CP4

ESTATE OF

F. DORINE MOLSBERRV,
DECEASED

IN THE COUN1Y COURT

AT LAW NO. FOUR OF
WILLIAMSON COUNTY, TEXAS

APPLICATION FOR PROBATE OF WILL AND ISSUANCE

OF LEITERS TESTAMENTARY
TO SAID HONORABLE COURT:

1.
The Applicant, FRANK H.MOLSBERRY, resides and has his fixed place of residence
at 117 Canyon Vista Lane, Georgetown, Texas 78633 (Williamson).
2.

F. DORINE MOLSBERRY, hereinafter called "Decedent," is dead. She died at the age

of93 years in Georgetown, Texas, on April6, 2014.

3.
At the time of her death, Decedent resided and had her domicile and fixed place of
residence in Williamson County, Texas.
4.
At the time of her death, Decedent owned certain property, consisting of accounts and
personal property, estimated to be valued at over $50,000.00.

5.
Decedent left a written will duly executed on April 24, 2006, when Decedent was 85
years of age and of sound mind in which Applicant is named to serve as Independent Executor, without
bond. That the will was witnessed by Debbie G. Parduhn and Tandy Price, whose addresses are
unknown to Applicant; that the will is in self-proving form.
6.
This Court has jurisdiction of this proceeding and the estate under the provisions of the
Estates Code, and it has venue because Decedent was a resident of Williamson County at the time
of her death.

Texa.~

7.

The wiJI was never revoked so far as Applicant knows and believes.

8.

The will is filed herewith.

9.

No child was born to nor adopted by the Decedent subsequent to the execution of the

10.

No marriage of Decedent was ever dissolved after the date of the will.

11.

Your Applicant is qualified and not disqualified by law from accepting letters.

12.

It is represented to the Court that it is not necessary that appraisers be appointed.

will.

CERTIFIED TO BE A TRUE AND

CORRECT COPY

/iJf!-~1.~ ~y e. RISTER. CoUnty Clerk

~~t *~ Williamson County

~~);:f.;~age

-------

ofL

- --------------

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

13.
Neither the State, a goverrunental agency of the State, or a charitable organization is
named in the will as a devisee.

WHEREFORE, Applicant requests that said will be admitted to probate; that letters testamentary
be issued to your Applicant as Independent Executor of said will and estate and that such other and
further orders be made as to the Court may seem proper.
ULLY SUBMITTED,

BY:~~~~~~U---

Randall . Stump
State BarNo. 19445900

ttMa..

3LJh_ ,

BY
/)11.
Wren M. Stump
State Bar No. 24088486
Attorney for Applicant
803 Main Street
Georgetown, Texas 78626
(512) 863-5594
FAX (512) 863-9350
Email: stumplaw@aol.com

CERTIFIED TO BE A TRUE AND

CORRECT COPY

NAP:~CY E. RISTER. County Clerk

1/.5.,::.:~\ Williamson
;~i ~.
County

11!

~~~. .;<~'
w

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E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

15-0943-CP4

LAST WILL AND TESTAMENT

Of

Filed: 12/11201510:16:47 AM
Nancy E. Rister, County Clerk
Winiamson County, Texas
By:Susan Klint, Deputy Clerk

f. DORINE MOLSBERRY
THE STATE OF TEXAS
THE COUNTY OF WILLIAMSON
KNOW ALL PERSONS BY THESE PRESENTS:

I, F. DORINE MOLSBERRY, being oflawfuJ age and of sound mind and disposing
memory, and acting of my own will, free from any duress or undue influence, and for the purpose
of making a proper disposition of my worldly affairs, do hereby make, publish and declare this
instrument to be my Last Will and Testament, hereinafter referred to as the .. Will," hereby
revoking and cancelling all wills and codicils made by me at any time heretofore.

ARTICLE I.
MARITAL STATIJS AND FAMILY
I am currently not married. However. I have one child born to me from a previous
marriage, namely, my son FRANK H. MOLSBERRY ("FRANK").

ARTICLE II.
PROPERTY COVERED BY WILL
It is my intention to hereby give, devise and bequeath and make testamentary disposition

of all property, including real, personal and mixed, over which I may have the power of
testamentary disposition at my death, including but not limited to any property that [may own at
my death and any property that may come into or be payable into my estate.

ARTICLE Ill.

I,

APPOINTMENT OF EXECUTOR- EXECUTOR'S POWERS

A. l hereby appoint FRANK to serve as Independent Executor of this Will. If FRANK
fails or ceases to serve as Independent Executor of this Will for any reason whatsoever, then [

l.ast Will anu Tcstmm:ntof 1'.

Durin~

PYiolshcrry -

Pag~

CERT1FIEO TO BE ATRUE AND

CORRECT COPV

...........~ NANCY E. RIS"T'ER.

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E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

hereby appoint my daughter-in-law STACY L. MOLSBERR Y to serve as successor Independent

Executor of this Will.
I direct that no action shall be had in any court of probate jurisdiction in relation to the
settlement of my estate, other than the probating and recording of this Will and, if required, the
making and return of an inventory and appraisement of my estate and a list of claims. I further
direct that no bond or other security be required of any Executor that I have named and/or is
appointed by any court to serve as Executor of this Will.

My Executor shall be entitled to such compensation as is reasonable, taking into

consideration the duties and responsibilities assumed, the value and nature of my estate and the
time and work involved, and without regard to the provisions of any statute dealing with
fiduciary compensation. Any Executor of my Will shall be entitled to be reimbursed tor any outofpocket expenses that have to do with the probate of my estate. Any Corporate Executor shall
be entitled to compensation in accordance with its schedule of fees in etlect from time to time.
B. During the administration of my estate, my Executor shall have, in extension and not
in limitation of the powers given by the terms of this Will. all of the powers granted to tlduciaries
under the laws of Texas, including but not limited to administrative powers and the power to sell
or otherwise dispose of assets of my estate. My Executor shall have the right to exercise all such
powers without court supervision or control.
C. I intend that my Executor shall be permitted to take advantage of all tax savings that
the law of any jurisdiction allows, without regard to conflicting interests of any persons,
including beneficiaries, interested in my estate and without making any adjustment among them.
(authorize my Executor, in my Executor's sole and absolute discretion for any reason
whatsoever, to take any one or more of the following actions as appears advisable:
1. To execute income tax

returns~

2. To value my gross estate tor Federal estate tax purposes as of the date of my
death or as of the alternative valuation date allowed by the Internal Revenue Code of
1986, as amended (the "Tax Code"), tor such purposes;
3. To claim as estate or inheritance tax deductions, or both, expenses that would
otherwise qualify as income tax deductions;
4. To adopt a fiscal year for income tax purposes; and

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

5. To make any other elections allowed by the Tax Code or the tax law of any
state.
D. Prior to the fmal distribution of my estate (which shall not be delayed beyond the time
reasonably required for administration of my estate), my Executor may make partial distributions
of my estate property to any one or more beneficiaries or trusts entitled to receive the property at
such time or times as my Executor deems advisable in the Executor's sole and absolute
discretion for any reason whatsoever. A distribution may be made subject to any indebtedness or
liability of my estate. Where events have occurred that would require the Trustee of THE f.
DORINE MOLSBERR Y LIVING TRUST, as hereinafter defined, to make a partial or complete
distribution of any trust property, my Executor shall have the authority to make such a
distribution directly to the beneficiary of such trust property outright and free of trust.
E. All decisions of my Executor made in good faith shall be binding and conclusive on
all persons interested in my estate, and this instrument shall always be construed in favor of the
validity of any act or omission by an Executor. No Executor shall be liable for an act or
omission, except in the case of bad faith, gross negligence or willful disregard of the terms of this

Will.

ARTICLE IV.
POUR-OVER TO LIVING TRUST
A. Except as hereinafter provided in this Will, 1 hereby give, bequeath and devise all of
the rest, residue and remainder of my property, including real, personal and mixed, tangible and
intangible, of whatsoever nature and wheresoever situated, including all lapsed legacies and
devises, and including all property over which [may have the power of testamentary disposition
at the date of my death to the Trustee ofTHE F. DORINE MOLSBERRY LIVING TRUST dated
the same date as this Will and hereinafter sometimes referred to as the ..Trust." The Trust was
executed and funded prior to the time of execution of this Will by myself~ F. DORINE
MOLSBERRY, as the Settlor, and F. DORINE MOLSBERRY and FRANK H. MOLSBERRY.
as the initial Trustees. The property given, bequeathed and devised to the Trust under the tenns
of this paragraph A. of ARTlCLE lV. is to be added to and made a part of the principal of such
Trust, and is to be held, administered and distributed pursuant to the tenns and provisions thereof

l.ast Will and Tcstamcnt or F. Dorine

---------- -

Mols~rry- l'<~g.:

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

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as shall exist at the time of my death, including all amendments and modifications thereto made
after the execution of this Will.
B. I do not intend to create a separate trust by this Will, nor do I intend to subject the

Trust referred to above or any of its assets to the jurisdiction of the probate court. However, if,

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for any reason whatsoever, the disposition of the property under the terms and provisions of
paragraph A. of this ARTICLE IV. is not operative, or is invalid, or if the Trust referred to above
fails or has been revoked, then I hereby incorporate by reference the terms of such Trust on the
date of its execution, without giving effect to any subsequent amendments thereto (but giving
effect to the exercise of any power of appointment and any power of withdrawal set torth in such
Trust on the date of its execution). I hereby give, bequeath and devise all of the rest, residue and
remainder of my property, including real, personal and mixed, tangible and intangible, of
whatsoever nature and wheresoever situated, also including all such property which I may
acquire and become entitled to after the date of the execution of this Will, including all lapsed
legacies and devises, and including all such property over which I may have the power of
testamentary disposition, to the successor Trustee named in such Trust, rN TRUST. to be held.
administered and distributed as therein provided.

ARTICLE V.
PAYMENT OF DEBTS. EXPENSES AND TAXES
A. Except as otherwise provided tor in this Will, all my legally enforceable debts, funeral
expenses and expenses of my last illness shall be charged against the assets and other interests
passing hereunder to the Trustee of THE F. DORINE MOLSBERRY LIVING TRUST without
apportionment after my death at such time or times as my Executor shall deem advisable;
provided, however, that debts not yet due or debts payable in installments, ifthe terms of the
debts permit, may be continued and paid according to their terms, all at the option of the
Executor, and any property securing any indebtedness not paid during the administration of my
estate shall pass to the beneficiaries named herein (including the Trustee of THE F. DORINE
MOLSBERRY LIVING TRUST) subject to such indebtedness.
B. Except as otherwise provided tor in this Will, all charges and expenses incurred with
respect to the administration of my estate, including but not limited to court costs, publication
costs, attorney fees. Executor compensation and accounting tees. whether the same be incurred

l.u~1

Willund I ~-,;tamcnl ofF Dorine Molsherry- l'ag..: 4

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

with respect to Probate Assets or Nonprobate Assets (each as hereinafter defined), shall be
charged against the assets and other interests passing hereunder to the Trustee of THE F.

DORINE MOLSBERRY LIVING TRUST without apportionment at such time or times as my

Executor shall deem advisable.

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C. Except as otherwise provided for in this Will, all estate, inheritance, succession and
other death taxes, of whatever nature and by whatever jurisdiction imposed, and interest and
penalties with respect thereto, assessed against my estate or payable by reason of my death with
respect to any and all properly and other interests comprising my estate for Federal estate tax
purposes shall be apportioned and charged to the persons interested in my estate in accordance
~ith

the provisions of Section 322A of the Texas Probate Code, as amended from time to time.

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ARTICLE VI.
WILL CONTEST
lf any beneficiary of this Will, including the beneficiary of any trust created under this
Will, any beneficiary of any trust I have created or may create during my life (including the
Trustee of THE F. DORINE MOLSBERR Y LIVING TRUST) or any other person shall contest
(except as a party defendant) in any manner (court or otherwise) the probate or validity of this
Will, or any of its provisions, and/or otherwise seek to prevent this Will from heing carried out in
accordance with its tenus, then all benefits provided for such beneticiary under this Will. or any
such benefits that would in any manner pass to the person successful in challenging my Will or
its probate, shall pass under this Will, any trust created hereby and THE F. DORINE

MOLSBERRY LIVING TRUST as ifthat person and the person's descendents had predeceased

me. Notwithstanding anything contained herein that might be interpreted to the contrary, the

provisions of this ARTICLE VI. shall not apply to a situation where a beneficiary takes any
action, in or out of court, to have a provision in the Will construed as to the meaning thereof or to
enforce the terms and provisions of the Will as written.

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l.:.c;l Will and T.:stamcmoiT Dorine Mulso.rry- PageS

CERTIFIED TO BE A TRUE AND

CORRECT COPY

,<;ri:~~:~~. NANCY E. RISTER. County Clerk

f!: ~}j~ ;~1 Williamson County

________
\t~;~i~:ge

of

L1:

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

ARTICLE VII.
MISCELLANEOUS PROVISIONS
A. Whenever there is more than one Executor acting under the terms of this Will,

ministerial duties, including without limitation safekeeping of securities and matters of

accounting, may be delegated from time to time to any one of the Executors. Also, any CoExecutor shall be entitled to delegate to any one of them or to any other person, by power of
attorney or otherwise, as much power and authority to act for the estate and for which they are
then acting as an Executor as may be lawfully delegated.
B. Whoever is acting as an Executor of my estate in the state of my domicile where my

Will is being probated shall also be authorized to act as Executor, or to appoint another person or
entity to act, without bond where possible, in any other state or country, in which l may have
property where ancillary administration is required, and such Executor shall have the same
powers as are given hereunder as to my property in the state of my domicile where my Will is
being probated.
C. When my Executor detennines that it is time to tenninate the administration of my
estate or when otherwise determined advisable by my Executor, my Executor shall take any
action required by law to transfer and deliver the prope11ies in my estate to the beneficiaries
(including the Trustee of THE F. DORINE MOLSBERR Y LIVING TRUST) entitled thereto
under the foregoing provisions of this Will. The Trustee of THE F. DORINE MOLSBERR Y
LIVING TRUST and to whom property is to be delivered shall be entitled to accept such
property from the Executor upon the basis of the accounting theretor as submitted by the
Executor without requiring an audit or other independent accounting of the acts of the Executor,
and the Trustee shall not have, or ever have, any duty, responsibility, obligation or liability

whatsoever for the acts or omissions of such Executor. The power of the Executor to administer

the estate shall not tenninate at the time required for distribution but shall continue for a

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reasonable time thereafter to enable the Executor to make an orderly distribution of the estate and
to wind up its affairs.
D. I have not contracted to devise or bequeath any of my estate to anyone; thus, this Will
is not being executed for the purpose of complying with any oral or written agreement to devise
or bequeath any of my estate.

Lil~l

Will

ilOU r~lillllCIIIIIf

F. Dorine: ML>btll.:rry- l'ag.: 6

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

ARTICLE VIII.
TERM DEFINITIONS

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Certain terms used herein are detined as follows:

A. The term "Executor" shall include both the singular and the plural and shall mean the

executor, executors, executrix or executrices acting hereunder at any time, whether one or more.

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B. Unless the context clearly indicates otherwise, words used herein in the singular may
include the plural, the plural may include the singular, masculine may include feminine and
feminine may include masculine.

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ARTICLE IX.
SAVINGS CLAUSE
Should any part, clause, provision or condition of this Will be held to be void, invalid or
inoperative, then I direct that such invalidity shall not atTect any other of the provisions hereof,

which shall be etiective as though such invalid provisions had not been made.

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[The remainder of this page is intentionally blank.]

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Lu:;t Will and rc:stuncnl oiF. l.>orinc: \1ol~hl"rry- Page 7

---- ------

CEATIFIEO TO BE ATRUE AND

CORRECT COPV

~~;~\ ~~ =,CountyCkWk

~!~~--9--of l q

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E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

r;

THIS I MAKE AND PUBLISH as my Last Will and Testament, hereunto subscribing my
name in the presence of

'l:E.!Jt:t j}MIJa!/tt

and

1(\ ~ \'3. '-\1 1 )d ~

<...

who have, at my request and in my presence and in the presence of each other, also subscribed
their names hereto as attesting witnesses, on this 24111 day of April, 2006.

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F. DORINE MOLSBERRY

SIGNED, PUBLISHED AND DECLARED by F. DORINE MOLSBERRY in the

presence of each of us, the undersigned, and at the same time declared by F. OORfNE

MOLSBERRY to us to be her Last Will and Testament, consisting of nine pages (including this

page and the page next following); and we thereupon, at the request ofF. DORINE

MOLSBERRY, in her presence and in the presence of each other, sign our names hereto as
witnesses this 24'h day of April, 2006

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310 S. Austin Avenue

Georgetown. Texas 78626

Address

31 0 S. Austin Avenue
Witness

Georgetown. Texas 78626

Address

Last Will ;md f ~tam.:ntof I'. Dorine Molstl<!rry t>ag.: 8

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CERTIAED TO BE A TRUE AND

CORRECT COPV

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF TEXAS

COUNTY OF WlLLIAMSON

BEFORE E, the und rsi ed authority, on this day personally appeared F. DORlNE
MOLSBERRY,
and -ih .. Q,
c
, known to
1
me to be the testatrix and thew nesses, respectively, whose names are subscribed to the annexed
or foregoing instrument in their respective capacities, and all of said persons being by me duly
sworn, the said F. DORlNE MOLSBERRY, testatrix, declared to me and to the said witnesses in
my presence, that said instrument is her Last Will and Testament, and that she had willingly
made and executed it as her free act and deed; and the said witnesses, each on his or her oath,
stated to me in the presence and hearing of the said testatrix that the said testatrix had declared to
them that the said instrument is her Last Will and Testament and that she executed the 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 testatrix and at her
request; and that she was at that time eighteen ( 18) years of age or over and was of sound mind;
and that each of said witnesses wa.c; then at least fourteen ( 14) years of age.

d ,,__

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WfTNESS

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SUBSCRIBED AND SWO.RN TO bffore me by the said F. DORINE MOLSBERRY,

testatrix, and by the said /) <. b hi~
t c1rU1A hV\ and
n J '1
4\\-itnesses, this 241h day of April, 2006.

T<d

Pr{

R. SCOTT WALKER
NOTARY PUBLIC
STArE OF TEXAS
My Comm1sSio!! ExpiTes
MARCH 27,2008

l.a.>t Will;md T.:stam.:nt off. Dorine Molshcrr) - Pag.: 9

CERTIAED TO BE A TRUE AND

CORRECT COPY
J5;f.,1t~~_;-~,. NANCY E. RISTER. COUnty Clerk
' '~"- ~ WiRiamson County

\{l~:.~{~age l \ of,~(.....4=_

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

NO.l5-0943-CP4
f.STATEOF
Jl. DORINE MOLSBDRY,

DECEASED

Proof bas been made in the IIIIUIDel' R:qUiJed by law that this Court bas jurisdietion 8Dd
venue over this estate and proceeding; that every citation required by law has been iss~ served
and mumed in the manner and for the length of time required by law, that Decedent is dead; that
the afolaaid writbl instrument was executed with the formalities aod solemnities, and under the
cilcumstanccs required by law to make it a valid will. Tbat said wiD was in self-proving form.
The Court fuJtbcr finds that neither the State, a governmeatal agency of the State, or a cbaritable
organi7Jition is named in the will as a devisee. The Court finds further there bas been no contest
filed in this proceeding.

It bas also been p-oved to tbe satisfactioo of the Court tbat the said Decedent died on
April6, 2014, without baviag revoked said will. Four years have not elapsed between tbe date of
tbe death of Deoedc:nt and the filing of the application.
The Court finds that Applicant is named in the Will as Independent Executor to serve
without the requilement of bond. The Court also finds that FRANK R MOLSBERRY is
qualified and not disqualified from serving as IDdepcndent Executor and is entitled to receive
Letters Testamentary; and that he is wining to accept tbe trust and qualify according to Jaw.

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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED tbat the will on file

herein be and the same is hereby admitted tD probate and record as the Last WiD and Testament
of F. DORINE MOLSBE'RRY. Deceased, and tbat the will and application for its probate,
foFther with 1bc testimony given in this proceeding and this order be RCOrdcd in the probate
docket of this Court.
IT IS FURrnER ORDERED, ADJUDGED AND DECREED that no further action in
this Court be had in relation of the settlement of Decedent's estate other than the probating and
rccordins ofDecedeat's Will and return of an inventory aDd appraisement and list of claims and
the affidavit or certificate of compliaDce as required by Texas Estates Code Section 308.002.

WILLIAMSON COUNTY, TEXAS

Came on to be beard tbe application of FRANK H. MOLSBBRRY. ("Applicant") a

resident of Williamson County. Texas, for the probate of a certain instrumeDt in writina dated
April24, 2006, whidl purports to be tbe Last Will and Tes1ame11t ofF. DOlUNE MOLSBBR.RY,
dc:ceascd ("Decedent"), which application requests that Applicant receive letters tcs1Bmentary.

I
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ATLAWNO.FOUROF

DSTAMINTARY

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IN THE COVNTY COVRT

ORDER AQMI'rONG WILL TO PROBATE AND GRANTING LE'ITERS

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E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that FRANK H.

MOLSBERRY is appointed Independent Executor upon taking the oath required by that the
Cleric of this Cowt issue letters in accordance with this judgment and the law.
IT IS FURTIIER ORDERED, ADJUDGED AND DECREED that FRANK R
MOLSBERRY serve as Independent Executor without bond or other security.
The Court deems it unnea:ssary to appoint appraisers.

OVED AS TO FORM:

RAND

.S1UMP

A'ITORNEY FOR INDEPENDENT EXECUTOR

SB ##19445900
SlUMP & STUMP
803 S Main Street,

Georgetown, TX 78626
Tel: 512-863-5594

Fax:Sl2-863-93SO
Email: stumplaw@aol.com

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

ESTATE OF
F. DORINE MOLSBERRY,
DECEASED

NO. 15-8943-CP4

IN THE COUNTY COURT

AT LAW NO. FOUR OF

WILLIAMSON COUNTY, TEXAS

OATH OF INDEPENDENT EXECUTOR

I do solemnly swear that the writing which has been offered for probate is the last will of
F. DORINE MOLSBERRY, Deceased, so far as I know and believe, and that I will well and

truly perfonn all the duties of Independent Executor of said will and of the Estate of F. DORINE
MOLSBERRY, Deceased.

VFRANKliMOLSBERRv
Independent Executor

SWORN TO AND SUBSCRIBED BEFORE ME on December 21, 2015, by FRANK H.

MOLSBERRY, to certifY which witness my hand and seal of office.

Nancy B. Rister
COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
By: f).~M
DEPUTYC

at

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FILED
o'cloclc_A._M

DEC '-

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?015

N~E~~u...
County Clerk.~lliamson Co., TX

E-FILED 2016 DEC 12 9:48 AM SAC - CLERK OF DISTRICT COURT

:.;;,) I

STATEOFTEXAS
COUNTY OF WILLIAMSON

I, NANCY E. RISTER, Clerk of the County Court of said County of Williamson, in the State ofTexas,
the same being a Court of Record, do hereby certify that the above and preceding pages con~ full, complete,
Estate'Q11din
of 1=. ~i'n e.
true, and correct copws in Cause No.fS-Cflt/3-Cft
Oecea:;.ecl
on the docket of said Court, as the same that are and remain on file and
of record in my office; and that I am the lawful possessor and custodian of the papers and records of said
Court.

t,

O'lol-sb.ecn.(

Given under my hand and the seal of my office, at Georgetown, Texas, this the

eptert\boc

/s-

dayof

'2016.

STATEOFTEXAS
COUNTY OF WILLIAMSON

I, JOHN B. MCMASTER, Judge of the County Court at Law No. 4 of the County of Williamson, State
of Texas, do hereby certify that NANCY E. RISTER, whose name appears to be signed to the above
certificate, is, and was at the time of signing the same, the Clerk of said County Court therein mentioned, and
as such was the proper person to make said certificate, an the same is in due form.

Given under my hand officially, this the

STATE OF TEXAS
COUNTY OF WILLIAMSON

do

~t=

ER, Clerk of the County

son County, Texas

2016.