Electronically Filed 3/3/2021 1:55 PM

Stacey Kemp County Clerk

Collin County, Texas
PB1-0369-2021 By: Elizabeth Goss, Deputy
Envelope: 51117426

m? m

OF

RUSSELL DALE MARTIN

THE STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §

THAT I, Russell Dale Martin, ofthe County of Collin, State of Texas, being of
lawful age and ofsound and disposing mind and memory,do hereby make, publish and declare
this to be my Last Will and Testament,and do hereby revoke any and all other Wills,Codicils and
other testamentary papers heretofore made by me.
ARTICLE I

1.02 Property Owned. I declare that the property and estate which I now own or
in which I now have an interest, wheresoever situated, is composed of my separate propeny.
ARTICLE II

2.01 Payment of Debts and Expenses. I direct my Executor to pay, out of my

residuary estate and without apportionment, all of my legally-enforceable debts, including the
expenses ofmy last illness,and funeral expenses,exceptfor insurance policy loans and retirement
plan loans, ifany, which are to be repaid out ofthe policy proceeds or plan proceeds. All ofsuch
debts shall be paid as soon as practicable after my death, except that the payment of any debt
secured by a mortgage or pledge ofreal or personal property may be postponed by my Executor
at his discretion.

2.02 Payment ofTaxes. I direct my Executor to pay all estate,inheritance,transfer,

and succession or other taxes (including interest and penalties), whether State or Federal (but
excluding any tax on generation-skipping transfers imposed by Chapter 13 of the Internal

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 Revenue Code of1986,as amended,or any additional or recapture tax imposed by Section 2032A
of that Code), which may be assessed as a result of my death, with respect to the value of any
property, whether or not passing under my Will, including the taxable value of all policies of
insurance on my life and of all transfers, powers,rights, or interests includible in my estate for
the purpose ofsuch taxes and duties. Payments for such taxes shall be made out of my residuary
estate and without apportiomnent.
ARTICLE III

3.01 Residuary Bequest. I give, devise and bequeath the rest, residue and
remainder ofmy estate,ofevery kind,character and description,whether real,personal or mixed,
and wheresoever situated to Rachel Taylor in fee simple and free oftrust,ifshe survives me by
sixty(60)days
3.02 Bequest of Household Goods and Personal Effects bv Handwritten List.
It is my intention to make a list of certain items of household goods and personal effects of a
non-income producing nature which I would wantto be distributed by my Executor to designated
persons. In the event such a list is placed with this Will, which list is wholly in my handwriting,
signed and dated by me,then said list is specifically incorporated into this Will by reference and
my Executor shall make distribution ofthe designated items on said list as they are set forth. The
bequests setforth on such list shall take precedence over any other bequest or disposition set forth
herein.

3.03 Specific Bequest. I give all of my interest in my property and assets to my

estate, as designated. My executor shall have the power to access,handle, distribute and dispose
of my digital assets.
"Digital assets" includes files stored on my digital devices, including but not limited
to, desktops,laptops, tablets, peripherals,storage devices, mobile telephones, smartphones,and
any similar digital device which currently exists or may exists as technology develops or such
comparable items as technology develops. The term "digital assets" also includes but is not
limited to emails received, email accounts, digital music, digital photographs, digital videos,
software licenses,social network accounts,file sharing accounts,tax preparation service accounts,
online stores, affiliate programs,other online accounts and similar digital items which currently

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 exist or may exist as technology develops or such comparable items as technology develops,
regardless ofthe ownership ofthe physical device upon which the digital item is stored.
I have prepared a memorandum with instructions concerning my digital assets and
their access, handling, distribution and disposition. I direct my executor and beneficiaries to
follow my instructions concerning my digital assets.
3.03. In the Event Beneficiaries Pre-Decease. Any beneficiary who dies within

thirty(30)days after my death shall be considered not to have survived me.

ARTICLE IV

4.01 Appointment of Independent Executor. I hereby name, constitute and

appoint Rachel Taylor, as Independent Executor ofthis my Last Will and Testament.
4.02 No Bond Required. .No bond or other security shall be required of my
Independent Executor or of any Successor appointed pursuant to Paragraph 4.03.
4.03 Successor Independent Executor. In the event Rachel Taylor should
predecease me or be unable or unwilling to serve as Executor,or having served,should be unable
to continue as such for any reason, then I appoint Everett Ward Newton, as Successor
Independent Executor.Should Everett Ward Newton does not qualify or otherwise ceases to act,
I hereby appoint Timothy Edward Powers to act as the Successor Independent Executor of my
estate. Any Successor Independent Executor appointed hereunder shall have all of the rights,
powers and duties as my originally named Executor.
4.04 Independent Administration ofEstate. Ifurther direct that no action be had
in the County Court in the administration of my estate other than the probating and recording of
this my Last Will and Testament and the retum ofa statutory inventory and appraisement and list
ofclaims as required by law.
4.05 General Powers. In addition to the powers which an Independent Executor
may have under the law and under the provisions of this Will, my Independent Executor shall
have all of the powers of a trustee as provided in this Will. My Independent Executor is
authorized, in her sole and absolute discretion, to exercise any election or option given to my
Independent Executor imder the Intemal Revenue laws ofthe United States or any State in which
this Will may be probated,or in which property in which I own an interest at the time ofmy death
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 may be located. The decision of my Independent Executor with respect to any matters set forth
herein shall bind each and every beneficiary ofmy estate and my Independent Executor shall not
be required to make any compensating adjustments between income and corpus or among
beneficiaries as the result of his action or inaction.

4.06 Specific Powers. I hereby grant to my Independent Executor the continuing,

absolute and discretionary power to deal with any property,real or personal, held in my estate as
fireely as I might in handling my own affairs. Such power may be exercised independently and
withoutthe prior approval ofany court orJudicial authority. No person dealing with my Executor
shall be required to inquire into the propriety of any ofhis actions. Without in any way limiting
the generality ofthe foregoing,I hereby grant to my Executor the following specific powers and
authority in addition to and not in substitution of powers conferred by law:
A. To compromise,settle or adjust any claim or demand by or against my
estate and to agree to any rescission or modification ofany contract or agreement;

B. To invest and reinvest in such stocks, bonds and other securities and
properties as it may deem advisable including stock and unsecured obligations, undivided
interests,interests in investmenttrusts,legal and discretionary common trust fimds,mutual fimds,
leases and property which is outside of my domicile, and without diversification as to kind or
amount and without being restricted in any way by any statute or court decisions(now or hereafter
existing) regulating or limiting investments by fiduciaries;

C. To sell, exchange,assign,transfer and convey any security or property,

real or personal, held in my estate, at public or private sale, at such time and price and upon such
terms and conditions(including credit) as they may determine;

D. To borrow (from themselves individually or from others) upon such

terms and conditions as they may determine and to mortgage and pledge estate assets as security
for repayment thereof; and

E. Whenever required or permitted,to divide and distribute my estate, to

make such division or distribution in" money or in kind, or partly in money and partly in kind.

ARTICLE V

5.01 Construction of Will. All doubtful questions of construction in the

interpretation ofthis, my Last Will and Testament,shall be finally and conclusively determined
by the personal representative appointed herein,as may be appropriate,according to said personal

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 representative'sjudgment,without recourse to the Courts,and such determination shall be binding
on all beneficiaries hereunder, both in being and unborn,and neither my personal representative
shall be liable for the mistakes ofjudgment or otherwise than for bad faith or disregard for the
terms hereof.

5.02 Interim Clause. Ifany beneficiary or recipient ofa remainder interest under
this Will in any manner, directly or indirectly, contests or challenges this Will or any of its
provisions, any share or interest in my estate given to that contesting beneficiary or recipient of
a remainder interest under this Will is revoked and shall be disposed ofin the same manner as if
that contesting beneficiary or recipient ofa reminder interest had predeceased me without issue.
I have intentionally excluded by brother,MARK MARTIN,and my mother,MARY
MARTIN,as recipients in any manner from my Will or any ofthe assets of my estate.
5.03 Headings. The headings set forth in this Will are provided to assist one in
reviewing this Will and not for substance thereof.
IN TESTIMONY WHEREOF,I have to this my Last Will and Testament,consisting
of seven (7) sheets of paper, including the attestation hereof and the self-proving affidavit,
subscribed my name this the 7^ day of May, 2019, in the presence of the undersigned
witnesses, each of whom I have requested to witness the same,and they, at my special instance
and request,and in my presence and in the presence ofea5b-e#i«:,4l^v® signed filenames hereto
as attesting witnesses.

RUSSELL DAL

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 SUBSCRIBED by RUSSELL DALE MARTIN in the presence ofeach of us, the
undersigned, and at the same time declared by him to us to be his Last Will and Testament, and
we,hereupon,at the request ofRUSSELL DALE MARTIN,in his presence and in the presence
of each other, sign our names hereto as witnesses, this the day of May,2019.

WITNESSES ADDRESS

Name:

Name:

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 THE STATE OF TEXAS §
§
COUNTY OF COLLIN §

BEFORE ME,the undersigned authority,on this day personally appeared RUSSELL

nAI.E MARTIN. lieAjIn Co/f/nS and 6onzQjbCl known to
me to be the Testator and the witnesses, respectively, whose names are subscribed to the
foregoing instrument in their respective capacities, and all of said persons by me duly sworn,
RUSSELL DALE MARTIN,Testator,declared to me and to the witnesses in my presence that
this instrument is his Last Will and Testament,and that he had willingly made and executed it as
his free act and deed; and the witnesses, each on their oath stated to me, in the presence and
hearing of the Testator, that he had declared to them that said instrument is his Last Will and
Testament,and that he executed the sanie as such and wanted each ofthem 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 ofthe Testator and at his request; that he was at that time ei^it^n years ofage or over
and was ofsound mind; and that each of^fhg'wtaesses'^^s^i^n ad^t fourteen years of age.

RUSSELL DALE MARTIN,Testator

(Name)^^i»t ^ f ^ Witness

(Name) /%/vt Witness

SUBSCRIBED AND SWORN TO before me by RUSSELL DALE MARTIN,

Testator and Ctillfn^ and P^arlC (honZ<ihCi ,witnesses,
this 7 day of May,2019.

KIMBIRIV COLIIMS
NotoTV PubHc, Stbte of Texos
Comm.Expires 12-01-20J9
Notary Public, State o
c f Texas
Notary to 124409791

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