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HomeMy WebLinkAbout893818orm NO1120 STATE OF CouNTy OF 3 8 I Proof of l i tn--ana' Heirshi TEXAS MEDINA P GREGORY PYE 591 FM 2200 W, sworn according to law, on oath says: 158884 PR PAGE P 8 ss. 2107430 03/04/03 0955AM · Jn~xc~ W~RO (:LK&REC ~ESfl (OUNTY (:0 , Whose post-office address h Devine TX 78018 , of la~ul age, ~ing f~st duly That the statements hereinafter set forth, including answers to questions propounded, constitute a true, correct and complete statement of the family history of the person hereinafter named as "decedent" and of the estate of such decedent. GENERAL INFORMATION Name of decedent? Perry G. Pya Decedent's birthdate? M?y 6, 1913 Date decedent died? October 29, 2000 Where domiciled?Houston, Harris Co, Texas Was a Will le£t? Yes Has it been probated?. No * Sec attached copy of Will of Perry G. Pyc, dated 04/11/1991 Give name and address of executor' Frances Kemp Pye, wife of decedent Has there been community administration? No Give name and address of community administrator: N/A Has there been other administration? No Where? Give name and address of administrator: Were there any unpaid debts or obligations due by decedent at time of death? No If so, give the following information: ~l~~wing Address Amount Nature of Debt Paid-~ Was decedent's estate chargeable with any State, Federal estate or inheritance taxes? No If so, have such taxes been paid in full? Was decedent surety on any bond at the time of death? No If so, give details: Were there any suits pending, or any judgments rendered in any Court, against decedent at the time of death? N° If so, state briefly the nature, amount involved and parties to the action and Court in which pending:~ Did decedent leave personal estate (exclusive of lands) sufficient to pay all debts and taxes? Yes MARRIAGES Was decedent ever married? ¥o.q If so, how many times? One If ever married, give the following information: (List marriages in their order; indicate surviving spouse, if any.) Name of Spouse I Date of Marriage Living or Dead Divorced Date of Death or Divorce [lst) Frances Kemp Pye June 3, 1931 Living (2nd) (3rd) I4th) ADOPTED CHILDREN Did decedent ever adopt any children?__~qe If so, give details, such as name and birthdate of adopted child; date of adoption; whether adopted by deed or Court order; Court, County and State where adoption papers filed;' and other pertinent information: DIRECT DESCEND~S Did deceden~ have~ any children by any spouse, or any adopted children? Yes I_f so, give the following information: 'List all children whether now living or dead.) Living or Name of Child By Which Birthdate Address Date of Death Spouse Dead P. Gregory Pye 1st 10 /31/4~ 591 FM 2200 W Livin~ Devine TX 78016 If any of said children are minors, state whether or not a guardian has been apPointed N/A If so, give name and address of such guardian; for which minor appointed; date of appointment; give Court, County, and State where such appointment was had; whether such guardian is still qualified and acting; and any other pertinent information: Give name of husband or wife of any married child: Name of Child Name of Spouse P Gregory Pye Mary Ann Pye Give names of all deceased children (including any adopted child) who ]eft descendantS: NOTF_~--I~ a deceased chi'Id (including any adopted child) left descendents, fill out this same form in its entirety as regards each such person~ 0, v 0 0 COLLATERAL HEIRS . ecedent left a child or children, or their descendants,~ then the following section need not be lille if decedent did not leave a child or children, or their descendants, then furnish the fo/~/9~ing Parents Address Living or Dead Date/Death Father Was decedent an ado Give names of brothers d sisters (including adopted brothers and decedent; include all, Whether dead or alive: (Under heading be sure to show whether each party is full or. sister, half brother or sister, or adopted brother or sizter.) Name 'r~hdate [ Relation ddress Dead Death ! If any of said bFothers or sisters state whether ot a guardian has' b~en appointed7 If so, give name and ~ . such g~ardian; for whXi~h minor appointed; date of appoint- ment; giy~--~-~t, County, and St where such z~!F' nent was h'~l; whether such gua'-S ..... --i~ still qualified ~_ ......... _ing; and any pertinent inforn;~i~j:~':_i,. ' ~ ......... ~ i :~TIFICATE OF DEATH .'exa STATE FILE NUI~ :.: <i!:! ::~ ,',r,. :!~,:~v~:.~rr~,i.~:l! :,i., , ':: G!:r: ,:l ? ,,,., .~::.::, '"'Pye' _.. , ..... , 1~.I : : r , ~.OAT~OFSRYH': ,;1!;; : I $:'AGE ~' ': I UNDE~Y~UNDER~OAYI6 BRTHP~CE~8 - ' ' ~ "": = "'"' ~Y~S ' ~- '.~'~ JAT/A~-" ',~;;' ' .-. $TA~ORFOREIGN~UmR~_ 7 SOCAL~ECU~NO ...... y,' ............. ,, I t'-'1 - I ees ~lle, LA:' .: :';~::¥::'1~:~6~:0i;';16~7~'~:"<:<':' aucasla ~s.~,,, ,- ,: .r , ,; .,, ~ · - .,, ~2~U~ITA~STA~S · .{~"':g-~ :C I~,~RV~W~GSpOUSE0. m~'~W;~;O~NNA~) ~*[O~SdSUAL~U.A~ON't4b KND0~eUSNESSOR;NoUsmY ~:?::::?T~X~ff'( } 77079 : :::.', '.~ ',':' ' "': ': .......... ' I$'~GEOFO~%T~'CHE"KONLYONE'~ % u I ' ' ..... "¥ ' : Harris H0~:~:~on:~.=:.~-:::~:~::~::~ ~-: <~, ,:, ~ .~:: .:~. ~:-,,.uous~on ,'rx,.~:.,~:~ ::: Fr~'~''~'::': ..... "' '~;-~: ~-~-~ .- ........ ~: ....... ', ~ =~ ~ous~on ;'r~ ces 'P~e' :'(Wife)-"= ...... ~,. ' :::.-: · ~: ........... ..... : 10826 St. ~ary s Lane · ,~ ~"'~[:, ~,~i~i::::~L, i!~:: ,,.LOCATe. C,W STATt) ..... ~ ? ...... !"~- . , ,:, Earthman: ,Funeral -st,,-> . .,;," ~ J: '?hli!,=~/~ ;;~;:;;~:.: :,~~r',:,L' ::, :~,:::: :: r;, ; ~ ~:rr~; ;:" :~ I ~ ~; :' : Dr. aohn ~ns.;.;,,M:;D¢;.?g:800;Katy Freeway, Houston, T~xas 77024 : ~'AAe~us~-~;~ a~;;'~;Z: ~:~; ~_ ~ ~ ~..' ' : :: : ~: ' 7: ~ ;:- : ,t~.~.,,,~,~d,.~)~;. 2.~:~.~::1:27T~~4 .':' ~~ : <:. :;.....:.. ~ ~.~ ~ UNOEaLYI,OCAUSE (~s~e. ~ I.. ~..;.q~h:': ~[:.~:~H...'..;'~ ?~: : : :...~' :~ '..:~: . :/::' ::":: .':: .. :/~ : ; .: .. .: .:. ' 37'DIDTO~ACCOUSECONTRBUTETO~ - ': ~ ~D~LcOHOLOSEc0~RB~'T~D~ 3g ~sDEcE~ENTPREGN~T , 40. M~NE~O~ D~ :.~' ~,,:. ,: 4t~. DA~ OF INJURY : = ~: i41~- TIME O~ ~URY : 4 c, I~URY AT:WORK 4~d ~CE ~ ~-- AT~ F~M ......... -:;..: ~aNof~" ~: '~',~?,~ .;'~,~,~'. 2:;; :::,=,d ? ::. z:::, : ::~:,q:,,,~ ~c , :,.:,, ' :. '::~,,,.,, ~.: ~ .::;,~,: .,...~::,~:~,.',..::,: ,:,,:,~,,,~;~,,/ ':..2::,,,'.:::~":', ,~, ,::.:. ~': ; ' . . .., .~ ..... ~ :2':~, ~'l::,' 'Y~i:?:;' OF VITAL RECORDS AUG 2 9: registered and HOUSTON HEALTH AND : -. "R W, Han~s, ~<cg~s~rar : :' ~ BUREAu rOF VITAL . ~ :i I:' : . : .:~ , , ~ playing seal and signature of Registrar: , ):i:i:i!:. EXHIBIT "A" Attached to and made a part of that certain "Proof of Death and Heirship" dated December 20, 2002, executed by P. Gregory pye for Decedent Perry G. Pye ~" * 1.~ WILL AND TESTAMENT O83 OF g.--.,:. K ~291 P,,~,,~2 6 3 PERRY G. PYE ' I, PERRY G. PYE, a resident of Harris County, Texas, make and publish this my Last will and Testament, and I revoke alI Wills and other testamentarY instruments previously made by me. ARTICLE I. IDENTIFICATION. 1.1 My 'Wife's name is FRANCES KEMP PYE. All references in this Will to "my Wife,, or "my spouse', are to her. 1.2 My spouse and I have one (1). son whose name is PERRY GREGORY PYE. All references in this Will to "my son,, are to him. .ARTICLE II. ESTATE DISPOSITION 2.1 I give and devise all of my mineral interests, including royalties, working interests, and the like to my spouse, if living, otherwise to my son. If neither my spouse nor my son survive me, this gift shall lapse. 2.2 I give, devise, and bequeath all of the rest and residue of my estate and property of' whatsoever nature and wheresoever loCated to the Trustee of the PERRY PYE TRUST (the Trust Agreement), a Trust Agreement executed· of even date herewith with mY spouse and I as Settlors and my spouse and I as Trustees. If said trust is not in existence upon my death, I give, devise and bequeath all of my estate and property to my spouse, if living, otherwi;se to my son. In the event that anY proceeds from any insurance policy on my life or any payments from any employee benefit plan or any Other payments of any kind are made payable to Page 1 158884 084 a Testamentary Trustee under my Last Will and Testament, I hereby appoint my Executor as such Trustee for the sole purpose of receiving such proceeds and/or payments and direct my Executor as Trustee to distribute such proceeds and/or paYments to the Trustee of the PERRY PYE TRUST. ARTICLE III. FIDUCIARY APPOINTMENTS 3.1 I' appoint my spouse to be Independent Executrix of my Will and estate. If my spouse does not qualify, or having qualified, dies, resigns, becomes incapacitated, or otherwise ceases to 'act, I appoint my son to be Independent Executor of my Will and estate. If my son does not qualify, or having qualified, dies, resigns, becomes incapacitated, or otherwise ceases to act, I appoint MARY ANN RANKIN PYE to be Independent Executrix of my Will and estate. If she does not qualify, or having qualified, dies, resigns, becomes incapacitated, or otherwise ceases to act, I appoint FIRST INTERSTATE BANK OF TEXAS, N.A. to be Independent Executor of my Will and estate. Unless another meaning is clearly indicated or required by context and circumstances, the term "Executor" Shall mean and include my spouse and any successor while serving as the personal representative of my estate. 3.2 I direct that no bond or other security shall be required of my Executor in any jurisdiction and that no other action shall be had in any court in relation to the settlement of my estate than :the probating and recording of my Will and the return of an inventory, appraisement and list of claims of my estate. Page 2 158884 085 3.3 No fiduciary shall receive any compensation for serving under this Will~ except that all my fiduciaries shall be reimbursed for the reaSonable costs and expenses incurred in connection with their fiduciary duties. ARTICLE IV. ADMINISTRATIVE PROVISIONS 4.1 For the purposes of this Will, no person shall be deemed to have survived me if such person shall die within ninety (90) days after my death. 4.2 ExcePt as otherwise may be specifically provided herein, all estate and inheritance taxes (including interest and penalties thereon, which shall be included in the term "taxes" for purposes of this paragraph) assessed under the provisions of any tax law against any assets of my probate estate passing hereunder shall be charged against and~ paid from my residuary estate, without aPPortionment. Any estate, inheritance or other taxes not specifically covered by the preceding sentence shall be apportioned and paid as otherwise provided by applicable law. Additionally all administration expenses attributable to my probate estate shall be paid from my residuary estate without apportionment. All funeral expenses shall be paid from my residuary estate without apportion- ment. The taxes allocated pursuant to this paragraph shall not include any additional or recapture tax imposed by Section 2032A of the Internal Revenue Code or any tax on generation-skiPping transfers imposed by Chapter 13 of the Internal Revenue Code. 4.3 My Executor, in such Executor's sole discretion, may expend funds from my estate within ninety (90) days of my death to Page3 ~~ provide for my spouse's health, support, or'maintenance to the extent necessary, when added to the funds reasonably available to my spouse from all other sources known to my Executor. All such payments are made withoUt liability to any person for the amount so expended. 4.4 My Executor may elect to consent, for.gift tax purposes, to have gifts made by both me and my spouse to third parties considered as having been made one-half by each of us; may elect to join in any joint income tax return with my spouse or her estate; and may claim administration expenses as deductions either in the income tax returns of my estate or in the estate tax return, whichever will result in the least amount of total tax being paid by my estate. My Executor shall incur no liability for any election which is made in accordance with the foregoing authorization and shall have no obligation to make any adjustments in the interests of any beneficiaries as the result of any such election. ARTICLE V. FIDUCIARYPROVISIONS 5.1 No gift, devise, bequest, or legacy distributable or to become distributable hereunder shall be subject to anticipation or assignment by any beneficiary,, or to attachment by or to the interference or control of any creditor or assignee of any beneficiary, or be taken or reached by any legal or equitable process in satisfaction of any debt or liability of any beneficiary. Any attempted transfer or encumbrance by any Page 4 158884 O87 beneficiary of any interest hereunder shall be absolutely and wholly void. 5.2 My Executor shall act independently and free from control by any court and shall be under all of the duties and shall have all of the powers conferred upon trustees by the Texas Trust Code, and bY any amendments to the Texas Trust Code or any correspOnding statute hereafter in effect, except for any instance in which the Texas Trust Code or such other statutory provisions may conflict with the express provisions of this Will, in which instance the provisions hereof shall control. Without intending to limit the powers hereinabove granted, but in addition thereto, my Executor is also specifically authorized: (a) To retain, without liability for any depreciation or loss occasioned by such retention, any limited partnership interests or other property owned by me at the time of my death; (b) To exchange, sell or lease (including leases for terms exceeding the duration of the period of administration of my estate) for cash, property or credit, or to partition, from time to time, publicly or privately, at such prices, on such terms, times, and conditions, and by instruments of such character and with such covenants as my Executor may deem proper, all or any part of the assets of my estate, and any fraction or portion thereof, real or personal; and this power shall not be restricted to sales for the purpose of paying debts, but may be exercised by my Executor fully and absolutely Whenever in the judgment of my Executor it is to the best interest of my estate; and no vendee or leSsee of my Executor shall be required to look to the application made by my Executor of any monies Paid to my Executor; (c) To borrow money from any source, and to grant security- interests in, mortgage (by act of mortgage, deed of trust or otherwise), pledge, hypothecate, Or in any other manner encumber all or any part of the assets of my estate, as may be advisable in the judgment of my Executor; (d) To invest and reinvest the assets of my estate, without regard to the law of any jurisdiction relating to' permissible Page 5 ~'~- ~'-,z,o~..:329 I F'~,,~,="'268 investments, in any kind of property whatsoever, personal, whether or not productive of income; (e) To compromise controversies; (f) To enter into any transaction on behalf of my estate despite the fact that another party to any such transaction maybe (i) .a trust of which any beneficiary or Executor under this Will is also a trustee; (ii) an estate of w~ich any beneficiary or Executor under this Will is also an executor or administrator; (iii) a business, charitable corporation or trust controlled by any beneficiary or Executor under this Will or of which any such beneficiary or EXecutor, is also a director, officer or employee; or (iv) any beneficiary or ExecutOr under this Will acting individually; 088 real or (g) To make, in mY Executor's sole discretion, any dis- tribution required or permitted to be made to any beneficiary under this Will, should such beneficiary be a minor or a person who is incapacitated in the opinion of my Executor by reason of age, legal incapacity, or physical or mental illness or infirmity, in whole or in part, in any one or more of the following ways: (i) t° such beneficiary directly; (ii) to .the guardian of such beneficiary.s person or estate; (iii) by utilizing the same directly and without the interposition of any guardian, for the health, support, maintenance, or education of~such beneficiary as my Executor, in my Executor's sole discretion, may determine; (iv) to any relative or other person selected in the sole discretion of my Executor to be held and utilized, directly and without the interposition of any guardian, for the health, support, maintenance, or education of such beneficiary as such person may determine; (iv) by paying it over to a Custodian under the Uniform Gift t° Minors Act of the State of Texas, Article 141.001 et. seq., Texas Property Code, and any such transfers by the ExecUtor shall constitute a gift under the Uniform Gift to Minors Act of the State of Texas to be interpreted in accordance with said statute; (Any distributions of property by the Executor in ~ccordance with this sub-article (5) shall be made in accordance with Texas Property Code Article 141;001 et. seq. and such properties shall be administered as therein provided by the Custodian); or (vi) by paying it to a Trustee of a qualified minor's trust under Section 2503(c) of the Internal Revenue Code (or any other trust that would allow the beneficiary the immediate access to the income) established for any beneficiary, the Executor is not obligated to look to the administration of such distributions to a Trustee of such qualified minor's trust; (h) To continue any business which I may own or in which I may be financially interested at the time of my death for such time as my Executor may deem it to be in the best interests of my estate; to emplOy in the conduct of any such business not on!~ my Page 6 Boo~.329 t F'~269 capital investment at the time of my death but also such additional capital out of my general estate as my Executor may deem proper; to borrow money for use in any such business alone or with other persons financially interested in such business, and to secure such loan or loans by a mortgage, pledge, Or any other manner, of encumbrance of, not only my property and interest in such business, but also such Portion of my general estate as my Executor may deem proper; to organize, either alone or jointly with others, new corporations or other business entities; and generally to exercise with respect to the continuance, management, sale, ~or liquidation of any business which I may own or in which I may be financially interested at the time of my death, or of any new business or business interest, all the powers which I myself could have exercised during my lifetime; (i) To execUte lease, pooling or unitization agreements With respect to any mineral or'royalty interests held or acquired by my estate, to drill or contract for the drilling of wells for oil, gas or other mineral;' to make dry hole or bottom hole contributions, to enter into any operating agreements with reference to any mineral leases or properties held or acquired by my estate; and generally, with reference to oil, gas and other mineral properties and Operations, to enter into such agreements and to do all such other things (whether or not presently recognized as common or proper practice by those engaged in the business of prospecting for, developing, producing, processing, transporting, or marketing oil, gas or other minerals) as my Executor may deem to be advantageous. 5.3 My Executor shall keep accurate books of account respecting the administration of my estate and all transactions pertaining thereto. 5.4 In taking any action whatsoever hereunder, any Executor may rely upon the written opinion of a competent attorney, any facts stated in any instrument in writing and believed true, any document believed genuine, or any other evidence deemed sufficient. My Executor shall be saved harmless from any liability for any action taken, or for the failure to take any action, if done in good faith and without gross negligence. 5.5 Where context and circumstances require, the gender Of all words used in this Will shall include the masculine, feminine .-'"'"'T2'4i .w;; .-" Page 7 and neuter, and the singular of all words shall include the plural and the plural the singular. 5.6 All distributions of income and/or principal from my estate shall be the sole and separate property and estate of the person receiving same. 5.7 References in this Will to "descendant?, or "descendants,, mean lawful lineal blood descendants of the first, second, or any other degree of the ancestor designated; provided, however, that such references shall include, with respect to any provision of this Will, descendants who have been conceived at any specific point in time relevant to such provision and who thereafter survive birth; and provided further that an adopted child and such adopted child's lawful lineal descendants by blood or adoption shall be considered under my Will as lawful lineal blood descendants of the adopting parent or parents and of anyone who is by blood or adoption a lineal ancestor of the adopting parent or of either of the adopting parents, proVided such adoption occurs prior to such adopted child's twelfth (12th) birthday. Page 8 Bo,z,~3291 P~271 IN TESTIMONY WHEREOF, I have placed my initials on each of the foregoing pages of this, my LAST WILL AND TESTAMENT, and in the presence of ~wo (2) Witnesses, who are acting as Witnesses at my request, in my presence and in the presence of each other, I hereunto sign my name, on this the ~' day of '~~ PERRY G.~E, Testa~r The foregoing instrument was signed by the Testator in our presence and declared by PERRY G. PYE to be his LAST WILL AND TESTAMENT, and we, the undersigned Witnesses, sign our names hereunto as Witnesses at the request and in the presence of the said Testator and in the presence of each other, on this the _~x day of ,~Q~'~ ,19.~ i . Address Addr~s S ' / '' Page 9 THE STATE OF TEXAS COUNTY OF Harris BEFORE ME, the undersigned authority, on this day personally appeared PERRY G. PYE, G. M. Reichman Tina O'Banion and , known to me to be the Testator and the Witnesses, respectively, 'whose names are subscribed to the annexed or fgregoing instrument in their respective capacities, and all of said persons being by me duly sworn the said Testator declared to me and to the Witnesses in my presence that said instrument is his Last Will and Testament, and that he had willingly made and executed it aS his free act and deed for the purposes therein expressed; and the said Witnesses on their respective oaths stated to me in the presence and hearing of the said Testator that the said Testator had declared to them that said instrUment is his Last Will and Testament and that he executed same as such and wanted each of them to sign as Witnesses; and upon their oaths each Witness stated further that they did sign the same as Witnesses in the presence of said Testator and at his request; and that he was at that time over eighteen (18) years of age and was of sound mind; and that each of said Witnesses was then at least fourteen (14)years of age. ~ness ~ ~Wi6ne'sj -- SUBSCRIBED AND ACKNOWLEDGED before me by the said PERRY G. PYE and subscribed and sworn to before me by the said G. M. Reich.man and Tina O'Banion, Witnesses this 11th day of April 19 91. , sN;at~e of Taxary Ptfbli'Cs Page 10 / / Give na~s of all deceaSed descen:dnts: brothers / "~ r19'~ or Sisters (including adopted brothers and sisters?X.xwho left MISCELLANEOUS - -} / Remarks: State briefly below facts and circumstances (such as being a relative of, or attorney or agent for, deceased) which will show basis and source of information hereinbefore given: I, P. Gregory Pya, am the only child of Perry G Pye ~4 I*,O r~ WITNESS THE EXECUTION HEREOF on the day and year next sh~l~ ~ Affiant Subscribed and sworn to before me, this i(EITt--I D, TAYLOR ~ STATE OF '/~Xo~ COU~ OF ~O/~ VERIFICATION~ o day of · ~ Notary Public in and for "Ill frO/,,: o County, / ( k',v -X SUPPORTING AFFIDAVIT (To be executed by an additional party familiar with foregoing facts.) sworn, on oath states: That this affiant was well and personally acquainted with , of lawful age, being first duly day of Affiant Notary Public in and for 'dS L= ~('''''4 County, ACKNOWLEDGMENT (To be taken o! both affiants.) · BEFORE ME, the undersigned authority, a nota[,~ public in and for the County and State aforesaid, on this day personally appeared ?. FY'f' ~2 p ?c/ f~y ~. and (-'~)l '/] r,~,'zq ~ /~/'~ ' , known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office on this,"the' ~ dP' day of //~-/~ ~, A. D. 1~ 2on2. Notary Public in and for County, ~/g' k'/]-f STATE OF. ~M ~ d COUN?¥ OF /~7~Z~/~ 1 ss. ITH D, TAYLOR Notary Public Subscribed and sworn to "B!~bre me, this Perry G Pye in his lifetime (being the person described aS "decedent" in the proof hereinabove set forth); that this affiant has read the foregoing Proof of Death and Heirship,' knows the cont~nts,.~hereo~, and that each therein contained is true, to the best of his knowledge and belief, f. q ] . and every statement