"The State of Texas, County of Dallas
"Know all men by these presents:
"That I, Lottie Sommers, of the County of Dallas, in the State of Texas, being in good health and of sound and disposing mind and memory, do make, publish and declare this my last will and testament, hereby revoking any and all wills by me at any time heretofore made.
"I. I direct that all of my just debts and funeral charges shall by my executors, hereinafter named, be paid out of my estate, as soon after my decease as shall be by them found convenient.
"II. I give and bequeath to my daughter, Rachel Kramer, the wife of Arnold T. Kramer, the sum of One Hundred Dollars ($100.00).
"III. All of the rest, residue and remainder of my estate, both real and personal of which I shall die seized and possessed, I give, will, devise and bequeath as follows:
"1. To my son, Oscar L. Sommers, as trustee, an undivided one-fourth (1/4) part thereof, for the use and benefit of his children, my grandchildren, viz:
"Mary Helen Sommers, May Dell Sommers, Oscar Sommers, Junior, Clyde L. Sommers, and Audrey May Sommers, to each an undivided one-fifth (1/5) part of said undivided one fourth (1/4) part of my estate and for and during the natural life of each of said grandchildren, but subject to the following terms, provisions, conditions and limitations, towit:
"(a) The estate of each beneficiary under this trust shall for all purposes be taken as separate, distinct and independent of the trust estate of each of the other beneficiaries hereunder, and one trust estate shall not be dependent upon or controlled, governed or affected in any particular or to any extent by any other trust estate created herein.
"(b) Unless terminated at an earlier date as hereinafter provided each of said trusts
shall continue in full force and effect until twenty one years from and after the date of the death of the respective beneficiaries hereunder.
"(c) The full and complete legal title to all of said trust estates and the property covered thereby or included therein, as such estates shall from time to time exist, together with all increase thereof, and income therefrom shall at all times, be in the said Oscar L. Sommers, as trustee, or in such substitute or successor or trustee, or trustees, as may hereafter be named or appointed in accordance with the provisions of this trust, and subject and limited to the powers which may be delegated to any such substitute or successor trustee, or trustees as herein provided.
"(d) Upon the death of either, or any of the five beneficiaries hereinbefore named, the trust estate of each deceased beneficiary shall thereafter be held by the said trustee and/or any substitute or successors trustee, or trustees, for the use and benefit of the children of such deceased beneficiary who are living at the time of the death of such deceased beneficiary, and if such deceased beneficiary shall die without leaving any child or children then the trust estate of such deceased beneficiary hereinbefore named shall be held for the use and benefit of all of the grandchildren of the said Oscar L. Sommers living at the time of the death of such beneficiary. If, at the time of the death of the beneficiaries hereinbefore named, such deceased beneficiary shall leave no child or children living and there shall be living no grandchildren, of Oscar L. Sommers, then this trust as to such deceased beneficiary shall wholly cease and determine and the trust estate of such beneficiary shall thereupon vest unconditionally and in fee simple in the remaining beneficiaries herein named, and if all of the beneficiaries herein named shall die, leaving no child or children living, then such trust estate of all of said beneficiaries shall vest unconditionally and in fee simple in Oscar L. Sommers, if then living, and if the said Oscar L. Sommers shall upon the death of the last beneficiary herein named be deceased, then all such trust estate shall vest unconditionally and in fee simple in those persons who under the laws of descent and distribution of the state of Texas as now existing, would inherit the property of the said Oscar L. Sommers, if he had died intestate, unmarried and without any children or descendents.
"(e) The said Oscar L. Sommers, as such trustee, shall have full, absolute, complete and exclusive management, control and possession, of all of said trust estates and all income therefrom and increase thereof, without the consent, advice, approval, concurrence or action in any way of the beneficiaries, or any of them, and during the entire term of this trust, the said Oscar L. Sommers, as trustee, shall have full power and authority to bargain, and sell any and all personal property belonging to said trust estates, and full power and authority to sell, transfer and convey by deed, or otherwise, any and all real estate belonging to said trust estates, or either or any of them. The said Oscar L. Sommers, as such trustee, shall have the right and power in sole discretion at any time, during the period of said trust, to terminate by written instrument any one or all of such trust estates and thereupon such trust estate or trust estates shall vest unconditionally and in fee simple in such beneficiary or beneficiaries, herein named. Said Oscar L. Sommers as such trustee shall have the right and power in his sole discretion at any time, or times, during the life of any of said beneficiaries to vest in any such beneficiary unconditionally and in fee simple or any less interest or estate, as said trustee shall determine in writing, any part of such trust estate, or trust estates, and in such event or events, the remainder of the trust estate, or trust estates, shall thereafter be covered by this instrument and to which estate the provisions of this instrument shall thereafter apply. The said Oscar L. Sommers, as such trustee shall have full power and authority in his sole discretion, with or without cause for his action, to expend all or any part of the trust property belonging to any of the trustee estate, for the use and benefit of any beneficiary herein, and such trustee shall have the further power in his sole discretion to designate and appoint at any time, either before or after the death of any beneficiary, such beneficiary as shall take after the death of any beneficiary hereunder as such trustee shall desire and select to take and hold all or any of such trust estates and thereupon the person or persons, so named and selected shall thereafter be vested with the fee simple title thereto upon the termination of this trust, and which selection may be made by said trustee, either by written instrument or by his last will and testament. The said Oscar L. Sommers, as such trustee, shall
at all times during the period of said trusts have full power and authority in his discretion, increase or diminish any of said trust, estates, and in this connection said trustee may transfer and convey without consideration any property belonging to any trust estate, to any other trust estate, or trust estates.
"(f) Any and all powers herein granted, to the said Oscar L. Sommers, as trustee, may be exercised by any substitute trustee, or successor trustee, as may be named in writing by the said Oscar L. Sommers, or as may be appointed under the terms of the last will and testament of the said Oscar L. Sommers, and the said Oscar L. Sommers may in his discretion, in any such written instrument, limit, or modify such powers as may be exercised hereunder, by such substitute trustee, or successor trustee, and thereafter such substitute trustee, or successor trustee, shall have only such power and authority, hereunder, as may have been specifically delegated to such substitute or successor trustee or trustees by the said Oscar L. Sommers, in said written instrument, or will. If the said Oscar L. Sommers shall not appoint or designate any substitute or successor trustee or trustees, then upon the death of the said Oscar L. Sommers, the First National Bank of Dallas, shall be the successor trustee, and if such successor trustee shall refuse to accept the trust herein, then any District Court of Dallas County, Texas, shall have full power and authority to appoint such successor or substitute trustee, or trustee in succession provided, however, that any and all substitute or successor trustees shall have only such power hereunder, as may have been delegated to them in writing by the said Oscar L. Sommers, or in the last will and testament of the said Oscar L. Sommers and if no such instrument of writing shall exist at the time of the death of the said Oscar L. Sommers, then such substitute or successor trustee, or trustees, shall only have power to preserve said trust estates, to invest and reinvest the principal of said trust estates, and the income and revenues therefrom, and to pay to the beneficiaries named herein the respective trust estates upon the termination of such trust as herein provided.
"(g) The said Oscar L. Sommers, as such trustee, shall not be required to give any bond for the faithful performance of said trust and the said Oscar L. Sommers shall not be liable in any event to said beneficiaries by reason of his failure to...
