1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

CYNTHIA DAY F/K/A 

CYNTHIA C. SIMPSON,

Plaintiff,

v. Case No.: 

LOGAN RILEY TAYLOR, CATHY M. BARWICK,

SANDRA REGISTER, PATRICIA L. KITTRELL,

PATRICA PINEDA, AND JUNE WILLIS,

 

Defendants.

_____________________________________/

COMPLAINT

Plaintiff, Cynthia Day, formerly known as Cynthia C. Simpson (“Plaintiff”),

sues Defendants, Logan Riley Taylor, Cathy M. Barwick, Sandra Register, Patricia 

L. Kittrell, Patricia Pineda, and June Willis (collectively referred to as 

“Defendants”), as alleges:

ALLEGATIONS COMMON TO ALL COUNTS

Jurisdiction and Venue

1. This is an action for equitable relief and damages in excess of 

$75,000.

2. Plaintiff resides in Indiana and is a citizen of the State of Indiana for 

purposes of diversity.

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3. Defendant Logan Riley Taylor is a resident of Marianna, Florida, and 

a citizen of the State of Florida for purposes of diversity. 

4. Defendant Cathy M. Barwick is a resident of Marianna, Florida, and a 

citizen of the State of Florida for purposes of diversity.

5. Defendant Sandra Register is a resident of Marianna, Florida, and a 

citizen of the State of Florida for purposes of diversity.

6. Defendant Patricia L. Kittrell is a resident of Marianna, Florida, and a 

citizen of the State of Florida for purposes of diversity.

7. Defendant Patricia Pineda is a resident of Marianna, Florida, and a 

citizen of the State of Florida for purposes of diversity. 

8. Defendant June Willis is a resident of Waycross, Georgia, and a 

citizen of the State of Georgia for purposes of diversity.

9. Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. § 1332

because Plaintiff is a citizen of Indiana and Defendants are all citizens of Florida or 

Georgia. 

10. Venue is proper in this District under 28 U.S.C. § 1391 because the

acts giving rise to this dispute occurred in Jackson County, Florida. 

11. This Court has jurisdiction over this matter under 28 U.S.C. § 1332 

because the amount in controversy exceeds $75,000, exclusive of interest and 

costs.

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Factual Background

12. Edward D. Griffin (“Mr. Griffin”) was born in Marianna, Florida, in 

1929.

13. Mr. Griffin married his wife Bettie G. Griffin (“Mrs. Griffin”) in 

1950. In this complaint, Mr. and Mrs. Griffin are collectively referred to as the 

“Griffins.”

14. During his working life, Mr. Griffin worked for Chrysler Corporation 

in California and in Kokomo, Indiana.

15. The Griffins had two children, Linda Diane Thomason, who died in 

December 2019, and Plaintiff, who resides in Kokomo, Indiana.

16. The Griffins moved back to Marianna, Jackson County, Florida,

approximately 30 years ago, where they resided until their respective deaths.

17. On or about June 18, 2002, the Griffins, while living in Jackson 

County, Florida, executed their respective last wills and testaments (the “Wills”) 

and executed the Griffin Revocable Living Trust 2002 (the “Griffin Trust”). A 

true and correct copy of the Griffin Trust is attached hereto as Exhibit “A.” The 

Wills were “pour over” wills leaving the bulk of either’s assets to the Griffin Trust. 

A true and correct copy of Mr. Griffin’s Last Will and Testament is attached hereto 

as Exhibit “B.” 

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18. The Griffin Trust appointed the Griffins as the initial co-trustees of 

the Griffin Trust. The Griffins nominated Plaintiff as their successor trustee to 

serve after the death or incapacity of both of the Griffins.

19. In the Griffin Trust, the Griffins expressly provided that after both of 

their deaths, the Griffin Trust would terminate and the remaining principal and 

accumulated income of the Griffin Trust, with the exception of certain other 

unrelated funds held in annuities, was to be distributed to the Plaintiff.

20. Prior to both of the Griffins’ deaths, the Griffins transferred assets into 

the Griffin Trust including at least one parcel of real property located in Jackson 

County, Florida, with a value of approximately $50,000 and cash deposits in 

excess of $300,000.

21. The Griffin Trust served as the longstanding estate plan for the 

Griffins and was in place for more than 13 years before it was caused to be 

changed after the death of Mrs. Griffin.

22. Prior to Mrs. Griffin’s death, Mr. Griffin began to suffer from 

memory loss and mental health issues resulting in at least one hospitalization in 

approximately 2004-2005. 

23. Prior to Mrs. Griffin’s death, Mrs. Griffin handled all the Griffin’s 

financial matters because Mr. Griffin was unable to do so.

23. On August 2, 2015, Mrs. Griffin died.

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24. As a result of her death, Mr. Griffin became the sole remaining 

Trustee of the Griffin Trust.

25. At the time of Mrs. Griffin’s death, Mr. Griffin was in declining 

health and a weakened mental capacity. Mr. Griffin suffered from depression 

related to the loss of his wife. Mr. Griffin also suffered memory loss, had poor 

eyesight, and was unable to drive. Mr. Griffin was easily confused, paranoid and 

often accused people of stealing from him. For the remainder of his life, Mr. 

Griffin relied on others to assist him with instrumental actives of daily living 

including but not limited to shopping, running errands, paying bills, housekeeping,

and managing medical appointments. 

26. Less than two months after Mrs. Griffin died, on or about September 

29, 2015, an amendment to the Griffin Trust was executed (herein the “First 

Amendment”). A true and copy of this First Amendment to the Griffin Trust is 

attached hereto as Exhibit “C”. 

27. The First Amendment changed the Successor Trustee of the Griffin 

Trust to Defendant Cathy M. Barwick and made Defendant Logan Riley Taylor the 

sole beneficiary of the Griffin Trust contrary to the Griffins’ wishes and longstanding estate plan. 

28. At the time of the execution of the First Amendment, Mr. Griffin was 

depressed, confused about the death of his wife, suffered from memory loss, and 

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relied on others for assistance with his instrumental activities of daily living, 

including obtaining food. 

29. At the time of the execution of the First Amendment, Plaintiff had 

made arrangements for Defendant Cathy M. Bartwick’s son, Clint, to assist Mr. 

Griffin with shopping, appointments, and errands. He was paid for this service. 

30. After execution of the First Amendment, Mr. Griffin’s health and 

mental state continued to deteriorate. 

31. During calls and visits with Plaintiff between 2015 and 2019, Mr. 

Griffin would forget important dates, was confused about his finances, thought his 

wife was still alive, and accused people of stealing from him, including Defendant 

Bartwick’s son, Clint, Defendant Logan Riley Taylor, and Plaintiff. However, Mr. 

Griffin’s accusations did not make sense and appeared to be paranoia. 

32. After execution of the First Amendment, Mr. Griffin continued to be 

reliant on others for assistance. Mr. Griffin allowed his home to deteriorate 

because he was unable to keep it up. 

33. On several occasions between 2015 and 2018, Plaintiff had to contact 

the Jackson County Sheriff’s Office to conduct well checks on Mr. Griffin when 

she could not reach him.

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34. On or about April 23, 2018, a second amendment to the Griffin Trust 

was executed (herein the “Second Amendment”). A true and correct copy of this 

Second Amendment to the Griffin Trust is attached hereto as Exhibit “D”.

35. The Second Amendment made Defendant Sandra Register the 

Successor Trustee of the Griffin Trust, left certain assets to Defendant Sandra 

Register, Defendant Patricia L. Kittrell, Defendant Patricia Pineda, and Defendant 

June Willis contrary to the Griffins’ long-standing estate plan.

36. For more than 30 years between the late 1980s and 2018, Defendant

Sandra Register, Defendant Patricia L. Kittrell, Defendant Patricia Pineda, and 

Defendant June Willis had only infrequent and sporadic contact with Mr. Griffin or 

Mr. Griffin’s family. They had no contact with Mr. Griffin while his wife was 

dying or after.

37. After Hurricane Michael in October 2018, Mr. Griffin fell and was 

hospitalized due to his injuries. 

38. In October 2018, Plaintiff learned that Defendant Sandra Register had 

reconnected with Mr. Griffin. 

39. Between October 2018 and February 2020, Defendant Sandra

Register interfered with Plaintiff’s ability to communicate and visit with Mr. 

Griffin. 

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40. On or about May 22, 2020, Mr. Griffin died. Prior to his death, Mr. 

Griffin had at times resided in a skilled nursing facility due to dementia and other 

serious health issues.

41. Plaintiff has retained the undersigned attorneys and has agreed to pay 

a reasonable fee for their services.

COUNT ONE

42. This is an action to cancel and nullify the two amendments to the 

Griffin Trust as the result of undue influence and lack of capacity.

43. Plaintiff reincorporates and re-alleges paragraphs 1 through 41 as if 

fully set forth herein.

44. Defendant Sandra Register, Defendant Cathy M. Barwick and the 

other Defendants maintained a close and confidential relationship with Mr. Griffin

between October 2018 and Mr. Griffin’s death in May 2020. Mr. Griffin trusted 

and relied on Ms. Barwick and Ms. Register and the other Defendants during this 

time. 

45. Defendant Cathy M. Barwick and Defendant Logan Riley Taylor were 

active in procuring the First Amendment.

46. At the time of the execution of the First Amendment, Mr. Griffin was 

mourning the death of his wife, living alone, and suffering from numerous mental 

and physical health problems. Defendant Cathy M. Barwick, for the benefit of 

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Defendant Logan Riley Taylor, exerted undue influence over Mr. Griffin to 

procure the First Amendment.

47. Defendants Sandra Register, Patricia L. Kittrell, Patricia Pineda, and 

June Willis were active in procuring the Second Amendment.

48. At the time of the execution of the Second Amendment, Mr. Griffin 

was living alone, in declining health, and suffering from numerous health problems 

and dependent upon other for assistance. Defendant Sandra Register, for the 

benefit of herself and Defendants Patricia L. Kittrell, Patricia Pineda and June 

Willis exerted undue influence over Mr. Griffin to procure the Second

Amendment.

49. Examples of the undue influence which the Defendants exerted over 

Mr. Griffin include but are not limited to the following:

(a) One of more of Defendants served as a formal or informal 

fiduciary for Mr. Griffin.

(b) One or more of Defendants isolated Mr. Griffin from Plaintiff 

and the Plaintiff’s side of the family.

(c) One or more of Defendants prevented Plaintiff from seeing or 

communicating with her father, Mr. Griffin.

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(d) One or more of Defendants prevented Plaintiff from assisting 

Mr. Griffin with his personal, medical, and business affairs as Plaintiff 

had done for several years.

(e) One or more of Defendants made continuing disparaging 

comments about Plaintiff to Mr. Griffin including false accusations 

that Plaintiff stole money from the Griffins;

(f) Procuring the unreasonable nature of the provisions of the First 

and Second Amendment which disinherited Plaintiff when she was

her parents’ sole beneficiary.

(g) One or more Defendants made appointments for Mr. Griffin to 

amend the Griffin Trust to disinherit Plaintiff in favor of those 

Defendants or their close family members.

(h) One or more Defendants transported Mr. Griffin to 

appointments to amend the Griffin Trust to disinherit Plaintiff in favor 

of Defendants or their close family members.

(i) One or more Defendants was present when Mr. Griffin 

executed the amendments to the Griffin Trust to disinherit Plaintiff in 

favor of Defendants or their close family members. 

(j) Defendant Cathy M. Barwick safeguarded the First Amendment 

to the Griffin Trust following execution of that amendment.

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(k) Defendant Sandra Register safeguarded the Second Amendment

to the Griffin Trust following execution of that amendment. 

(l) Defendant Sandra Register concealed the First and Second 

Amendments of the Griffin Trust from Plaintiff following the 

execution of the amendments

(m) Defendant Sandra Register served as a fiduciary for Mr. Griffin.

50. Defendants’ actions in procuring and obtaining the First Amendment 

and Second Amendment disturbed, disrupted and interrupted the Griffins’ estate 

plan that had been in place for over a decade prior to Mrs. Griffin’s death and 

resulted in Defendants becoming substantial beneficiaries of the assets of the 

Griffin Trust to the detriment of Plaintiff.

51. The undue influence exerted over Mr. Griffin in the procurement of 

the First Amendment and the Second Amendment deprived Mr. Griffin of his free 

will.

52. As a result of the foregoing, Plaintiff has been harmed and suffered 

damages because funds she was to inherit are now distributable to certain of the 

Defendants as a result of undue influence Defendants exerted over Mr. Griffin. 

53. As a result of the foregoing and the fact that the First Amendment and 

Second Amendment are the result of undue influence, Plaintiff requests the Court 

invalidate the First and Second Amendment, so that Plaintiff can be appointed as 

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Trustee of the Griffin Trust and serve as Trustee in the winding up of the Griffin 

Trust.

54. Plaintiff further requests this Court award damages against 

Defendants to the extent Defendants have received distributions from the Trust.

55. Plaintiff requests reimbursement of her reasonable attorney’s fees 

pursuant to Fla. Stat. § 736.1005.

WHEREFORE, Plaintiff demands(A) a judgment cancelling and nullifying 

the First Amendment and Second Amendment to the Griffin Trust, (B) a judgment 

awarding damages to Plaintiff, (C) taxation of Plaintiff’s attorneys’ fees against 

Defendants, and (D) such other relief as is just and appropriate.

COUNT TWO

56. This is an action for damages against Defendants Cathy M. Barwick 

and Sandra Register for their tortious interference with Plaintiff’s testamentary 

expectation.

57. Plaintiff reincorporates and re-alleges paragraphs 1 through 41 as if 

fully set forth herein.

58. At all times material to this action, Plaintiff possessed an expectancy 

of receiving an inheritance from her father Mr. Griffin as the sole beneficiary of 

the Griffin Trust.

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59. Defendants Cathy M. Barwick and Sandra Register intentionally 

interfered with that expectancy through tortious conduct which took advantage of 

Mr. Griffin’s weakened mental and physical state and diminished capacity.

60. The intentional interference of Defendants Cathy M. Barwick and 

Sandra Register caused Plaintiff’s expectancy to change and such actions were the 

proximate cause of the change in Plaintiff’s expectancy.

61. Plaintiff has suffered damages as the direct and proximate result of the 

tortious inference occasioned by Defendants Cathy M. Barwick and Sandra 

Register. These damages include but are not limited to the loss of Plaintiff’s 

inheritance and special damages in the form of attorney’s fees incurred by Plaintiff 

to set aside the amendments to the Griffin Trust procured by Defendants Cathy M. 

Barwick and Sandra Register’s tortious acts.

WHEREFORE, Plaintiff demands (A) judgment for damages against 

Defendants Cathy M. Barwick and Sandra Register, (B) taxation of Plaintiff’s 

attorney’s fees as allowed by law, and (C) such other relief as is just and 

appropriate.

DEMAND FOR JURY

Plaintiff demands a trial by jury on all issues so triable.

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Respectfully Submitted,

BEGGS & LANE, RLLP

/s/ John H. Adams 

JOHN H. ADAMS 

Florida Bar No. 13208

CHARLES WIGGINS

Florida Bar No. 48021

CECILY M. PARKER

Florida Bar No. 98170

BEGGS & LANE, RLLP

501 Commendencia St.

Pensacola, FL 32502

(850) 432-2451

jha@beggslane.com

ctw@beggslane.com

cmp@beggslane.com

Attorneys for Cynthia Day a/k/a Cynthia C

Simpson

/s/ Twyla L. Sketchley

Twyla L. Sketchley

Florida Bar No. 478822

The Sketchley Law Firm, P.A.

3689 Coolidge Ct, Unit 8

Tallahassee, FL 32311-7912

service@sketchleylaw.com

Attorneys for Cynthia Day a/k/a Cynthia C. 

Simpson

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,. 

THE GRIFFIN REVOCABLE LIVING TRUST 2002 

This Agreement is made this 18th day of June, 2002, between 

EDWARD D. GRIFFIN and BETTIE G. GRIFFIN (hereinafter referred to as 

11 Gran tors 11 ) , and EDWARD D. GRIFFIN and BETTIE G, GRIFFIN of Jackson 

County Florida (hereinafter referred to as "Trustees"). 

KNOW ALL MEN BY THESE PRESENTS that we, EDWARD D. GRIFFIN and 

BETTIE G. GRIFFIN of Jackson County, Flor.ida, ref erred to as 

11Grantors11

, do declare that we have and do hereby set over to the 

Trustee, the property described in Schedule A, in trust, to be 

held, to the extent our interests appear, as tenants in common, 

under the terms of this instrument ( 11Trust 11 ). The term "Trustee" 

shall refer to whomever shall from time-to-time be acting as 

trustee. The term child or children shall refer to the children of 

EDWARD D. GRIFFIN and BETTIE G. GRIFFIN. 

ITEM I 

Sta.tement of PurpQ!2..� 

A. Grantors have established this Trust in order to provide

a means for the management of certain of Grantors' properties, and 

for the management of such property interests as may be deposited 

with the Trustee, and for·the maintenance, comfort, and support of 

the beneficiaries of the Trust. 

B. Additional property, including annuities, may be 

deposited with the Trustee if accepted by Trustee. Granters, by 

will, may direct that a part or all of their estates and property 

be delivered to the Trustee for administration under this Trust. 

EXHIBIT "A"

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All property, real and personal, tangible and intangible, deposited 

with the Trustee and, income derived shall be the 11Trust Property. 11 

C. Additional property and passing of property under the

terms of Grantors 1 wills shall be effective regardless of the 

jurisdiction in which Grantors may be then domiciled. 

J'.t�..M...l.I 

ReceiJ;.Lt and Cov�ant..J!Yl:I'rusb;::e 

A. Trustee acknowledges receipt of the Trust Property.

B. The Trustee will manage, invest, and reinvest the Trust

Property and will hold any annuities or policies of life insurance 

deposited with the Trustee, and receive, manage, invest, and 

reinvest such additional property or proceeds of the trust property 

as may be deposited with the Trustee and accepted by the Trustee, 

upon the uses and for the purposes set forth in this Trust. 

C. For convenience, if more than one Trust is operating

under this agreement, the Trustee may hold the several trusts as a 

common fund. 

ITEM III 

�ifetime Res�rvations bv Grantor 

A. During Granters' lives, and except during any period of

adjudicated incompetency, Granters shall have the right, to be 

exercised from time-to-time by a writing signed and acknowledged by 

Grantors, to be effective when delivered to the Trustee, or if 

there is none, to any Beneficiary of this Trust if for any reason 

there shall be no Trustee: 

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1. To revoke this Trust entirely and to receive from

the Trustee all of the Trust Property remaining after making 

payment or provision for payment of all expenses connected with the 

administration of this Trust. 

2. From time-to-time to amend this Trust.

3. From time-to-time to change the Trustee or Trustees.

B. With respect to all annuities or policies of life

insurance at any time deposited with the Trustee by Grantors and 

made subject to the terms of this Trust, Grantors reserve the right 

and authority to be exercised by Grantors' own act alone in the 

manner and during Grantors' life: 

1. To sell or assign the annuities or policies.

2. To exercise any option or privilege granted by the

annuities or policies, including but not limited to the right to 

change the beneficiaries of the annuities or policies. 

3. To borrow any sum and to pledge the annuities or

policies as security for those loans. 

values, 

4. To 

benefits, 

receive all payments, dividends, surrender 

or privileges of any kind that may accrue on 

account of the annuities or policies. 

5. To inspect freely and to withdraw from trust any or

all of the annuities or policies. 

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c. Until Grantors shall direct otherwise, all of the income

of the Trust shall be distributed at least quarter-annually to 

Grantors. 

D. Neither a conservator or a guardian of Gran tors may

exercise any of the rights reserved to Grantors. 

ll�.IV 

JJi.m;;,orution of the Trust Prm;1erty After Qrantors' Death� 

A. After the death of the first Granter to die, the Trustee

shall divide the assets of the Trust equally, apportioning that 

share represented by the surviving Grantor 1 s rights as tenant in 

common. The surviving spouse's share of assets shall continue to 

be administered under the terms of this Trust. 

B. A deceased Grantor's share, including all property

passing to the Trust by this Will, shall be administered under this 

Trust as follows: The Trustee shall, pay to the Grantor's personal 

rBpresentati ve or creditor, such sums as are required to pay the 

Grantor's debts, expenses of last illness, funeral expenses, costs 

of administration and claims allowed in the administration of the 

Grantor's estate and all inheritance, transfer, estate and similar 

taxes (including interest and penalties) assessed or payable by 

reason of the Grantor's death. No reimbursement will be required 

from the Grantor's personal representative, beneficiaries of 

insurance policies or annuities or from any other person. All such 

12.,1:0.1Jtents sha.11 be_rnsd�_gJJJ;;__Qf. the nol).-marit:al t:.stmily trus\:;e unless 

all non-marital trust assets are exhausted. 

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C. After the Grantor's death the Trustee shall hold and

dispose of the trust property as follows: 

1. If a Spouse survives, in order to obtain the portion

of the marital deduction allowed in the Grantor's estate by the 

federal tax law that will eliminate all federal estate taxes 

payable as a result of the death of the first Granter to die, the 

Trustee shall divide the trust property (including any property 

given or transferred to the Trustee by the Granters Will and any 

proceeds of insurance on the Grantor's lives received by the 

trustee) into two separate trusts to be known as the 11Marital 

Trust 11 and the "Family Trust." 

a. The Marital Trust, which shall not be reduced

by taxes payable by reason of the Grantor's deaths, shall be that 

fractional proportion of the entire trust property determined as 

follows: 

(1) The numerator of such fractional portion of the Trust

estate shall be the smallest amount which, if allowed as a marital 

deduction, would result in the least possible federal estate tax 

being payable as a result of the Grantor's death, after allowing 

for the unified credit against federal estate tax and all available 

credits and deductions claimed. 

(2) The numerator shall be reduced by the value of any other

property which passes to the Grantor's Spouse which qualifies for 

the marital deduction other than the trust property. 

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(3) The denominator of this fraction shall be the value of

the entire trust property. Values assigned to property for 

purposes of this computation shall be those values finally 

determined for federal estate tax purposes. 

b. The remainder of the Trust property shall be

administered as the Family Trust by the Trustee. 

2. The Trustee shall have the power to distribute

assets in cash or in kind to the respective trusts and to select 

specific property to be distributed to the respective trusts 

without regard to the income tax basis of such property. In making 

these allocations, the Trustee shall use the value of the assets as 

of the date of distribution, so that each distribution shares 

proportionately in the appreciation or depreciation of assets 

between the date of the Grantor's deaths and the date or dates of 

distribution, However, no allocation of assets shall be made to 

the Marital Trust which do not qualify for the marital deduction. 

The Trustee shall have the power to select specific property to be 

distributed to the trusts without regard to the income tax basis of 

such property. Unproductive property shall not be held as an asset 

of the Marital Trust for more than a reasonable time during the 

life the Grantor's Spouse without the Spouse's consent. To the 

extent that other assets which qualify for the marital deduction 

are available there shall be no allocation to the Marital Trust of 

the following: (a) any payments under an employee's trust or 

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retirement annuity contract of the type described in Section 

2039(c) of the Internal Revenue Code or subsequent provisions of 

similar import; or (b) United States Treasury bonds that are 

eligible for redemption at par value in payment of the Federal 

estate tax. 

D. If the Granter is not survived by a Spouse, or by any

children as earlier defined, nor by any children of Grantor's 

spouse, nor by any of the descendants of either of the Grantor's or 

Grantor's spouse's children, the Trustee shall transfer the trust 

assets to the last survivor's estate. 

E. If the Grantors die simultaneously, or under 

circumstances which render it difficult to determine which died 

first, then EDWARD D. GRIFFIN shall be deemed to have survived for 

all purposes of this Article. 

ITEM V 

Manaqement of Trusts after the Fit:f.it to Die 

A. 1. The Trustee shall pay the net income from the 

property of the Marital Trust to the Grantor's Spouse in convenient 

installments at least as often as quarter-annually during the 

Spouse's life. 

2. The Trustee shall distribute to the Grantor's Spouse

such portions or all of the principal of the Marital T;ru�t as the 

Grantor's Spouse, from time-to-time, requests in writing. 

3. Upon the death of the Grantor's Spouse, the Trustee

shall distribute all of the property in the Marital T�μs�, on such 

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terms as the Grantor's Spouse may appoint by will specifically 

referring to this power of appointment. To the extent that the 

property held by the Trustee has not been distributed under the 

provisions of the power of appointment created in this paragraph, 

it shall, upon the death of the Grantor's Spouse, be added to the 

Family Trust and administered in accordance with the provisions of 

the Family Trust. 

B. 1. The Trustee shall pay the net income from the 

property of the Famih� T:t;:.ust to the Grantor's Spouse in convenient 

installments at least as often as quarter-annually during the 

Spouse's life. 

2. Whenever the Trustee determines that the income and

property available to the Grantor's Spouse from all sources known 

to the Trustee, is not sufficient for the Spouse's reasonable 

support, m.c1in.t.@"nance and health, the Trustee shall pay to or use 

for the benefit of the Grantor's Spouse Jill.much of the n�incipal of 

the Jl_ami�� Trust as the Trustee determines to be necessary for 

those purposes. However, invasions of principal of the Family 

Trust for the Grantor's Spouse shall be made only after all of the 

property conveniently available for invasion in the Marital Trust 

has been exhausted. 

C. After the death of both Grantors this trust shall

terminate, and the remaining principal and accumulated income of 

the trust shall be distributed to CYNTHIA C. SIMPSON per stirpes, 

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except that funds derived from any American Express Annuity or Fund 

(IDS) shall be distributed to DANIELLE DAY and the proceeds of any 

Scudders Fund shall be STEPHANY TAYLOR, per stirpes. 

3. If any beneficiary of this trust shall be under the

age of 3 0 at the vesting of any interest hereunder, then all 

property passing under this trust to any such person shall be held 

in trust for him or her under the following terms and conditions. 

a. So long as such person is under the age of 3 O,

the Trustees shall pay to or for his or her benefit from the income 

or principal of their portion of the trust, such sum or sums as the 

Trustees shall deem necessary or proper to provide support, 

education and maintenance, taking into account all other income and 

resources that are available for those purposes and known to the 

Trustees without borrowing or making sales of property, adding any 

unused income to the principal at the end of each year. 

b. When such person has attained the age of 30,

all the accumulated income and the principal of the portion of the 

trust vested shall be distributed. 

D. Any subsequent beneficiary shall have the power by

instrument in writing signed and delivered to the Trustee, or by 

Last Will and Testament, making express reference to this power, to 

direct that any part or all of the Trust be distributed as such 

descendent shall so direct, otherwise to his heirs. 

9 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 23 of 49
ITEM_ VI 

_Erov :i, s ion ,.E.!'? 1 ru.1i8....J;.Q ... 'b'rus t �l=.llih in 

A. No disposition, charge, or encumbrance of either the

income or principal of the Trust Property, or any part thereof, by 

way of anticipation, shall be of any validity or legal effect, or 

be in any wise regarded by the Trustee, and no such item of 

principal, or any part thereof, shall be in any wise liable for any 

claim of any creditor of such beneficiary. 

B. Any Trustee serving under this Trust may resign as Trustee

by delivering to the then living Beneficiaries a written 

resignation signed by the resigning Trustee, to be effective sixty 

(60) days following delivery.

c. Each successor Trustee shall accept the office in writing

and shall be vested with the powers and duties of the trusteeship 

immediately upon delivery of the written acceptance to one or more 

of the Beneficiaries of the Trust, without the necessity of any 

other act, conveyance, or transfer. 

D. Grantors waive compliance with any law requiring

qualification of the Trustee or registration of the Trust, or 

administration or accounting by the Trustee under the supervision 

of any court. Instead, the Trustee shall furnish, not less 

frequently than annually, an accounting to each Beneficiary who is 

entitled to receive current distributions of income, whether or not 

distributed, and whether or not the distribution is discretionary. 

The accounting shall be only for the property in which the person 

10 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 24 of 49
receiving the accounting is interested. Any person entitled to 

receive an accounting, or person legally entitled to act for him or 

her, shall state in writing his or her objections to the accounting 

and deliver the objection to the Trustee within thirty (30) days 

after receipt of a copy of the accounting. Failure to object in 

this manner shall constitute a waiver of objections. 

E. No purchaser or other person dealing with any Trustee

purporting to act under any power or authority granted in or given 

under this Trust or any part of it need be concerned to inquire 

into the existence of facts upon which the purported power of 

authority exists. 

F. The Trustee shall not be liable for damage and loss caused

by honest errors of judgment made by Trustee or Trustee's agents or 

employees, or by a good faith exercise of the discretion given to 

Trustee. 

G. No bond or surety shall be required of any Trustee serving

under this Trust. 

H. All Trustees shall receive reasonable compensation for the

Trustee's services, which in the case of a corporate Trustee shall 

be in accordance with any such corporate Trustee's printed fee 

schedules in effect from time-to-time. 

I. In addition to the foregoing fees, compensation may be

paid to any Authorized Party, and to any special Trustee, a 

Corporate Trustee shall also be entitled to receive and retain from 

11 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 25 of 49
any money market fund or similar entity, payments as authorized 

under Rule 12b-l of the Investment Company Act, in connection with 

the distribution of such funds or securities. 

I'.I'F;M VI I 

ApQointment q.f_J.'rustee 

A. Grantors hereby appoint EDWARD D. GRIFFIN and BETTIE G.

GRIFFIN to serve as Co-Trustees hereunder. In the event of EDWARD 

D. GRIFFIN and/or BETTIE G. GRIFFIN'S death, or refusal, or

inability to act pursuant to the terms hereof, we hereby appoint 

either/or the survivor of EDWARD D. GRIFFIN or BETTIE G. GRIFFIN to 

serve as successor sole Trustee hereunder. In the event neither 

Trustee is incapable or unwilling to act in such capacity, Grantors 

appoint CYNTHIA C. SIMPSON, as successor Trustee. In the event 

CYNTHIA C. SIMPSON, is unable or willing to act in such capacity, 

Grantors appoint TED SIMPSON as successor Trustee. 

In the event no person designated serves as Trustee or ceases 

to serve, the beneficiaries, by majority in interest, may designate 

a single Trustee provided the Trustee must be a descendent of one 

of the original Grantors or a commercial Trustee. 

ITEM VIll 

Trustee 1 s Powers 

The Trustee and Trustee's successors and parties serving in 

their stead, shall be governed by the provisions of the applicable 

Florida laws that are not in conflict with this Trust, and shall 

have all additional powers and protection granted by statute to 

12 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 26 of 49
trustees at the time of application that are not in conflict with 

this Trust. In addition and not in limitation of any common law or 

statutory authority, and without application to any court, Trustee 

and Trustee's successors and parties serving in their stead also 

shall have the powers and responsibilities described below, to be 

exercised in their absolute discretion until distribution of all of 

the Trust Property, and shall observe the instructions hereinafter 

given. If beneficial, the Trustee upon notice to the then 

beneficiary's, may change the situs of the Trust. 

A. The Trustee shall have the power to employ counsel or

other agents to determine the reasonable sums that shall be paid 

for their services and to make a payment of those sums. The 

Trustee is authorized to appoint a person or a qualified 

corporation at any time to act as special Trustee for the 

administration of all or any portion of the Trust Property with 

respect to which the primary Trustee shall make the determination, 

in Trustee's discretion, that Trustee is not eligible to act or 

cannot administer in a practicable manner. The appointment of any 

such special Trustee shall be evidenced by an instrument in 

writing, signed by the primary Trustee witnessed and acknowledged. 

The primary Trustee may at any time revoke such appointment, such 

revocation being made in the same manner as the appointment of the 

special Trustee. 

13 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 27 of 49
B. With regard to both real and personal property, for the

purpose of obtaining funds for payment of taxes and claims and for 

making distributions, conversion into cash, management of the 

property, and for every other proper purpose, the Trustee may 

acquire, retain, invest, reinvest, exchange, lease, sell, borrow, 

mortgage, pledge, transfer, and convey in such manner and on such 

terms without limit as Trustee deems advisable, even for terms 

beyond the expected terms of the Trust, and no purchaser or lender 

shall be liable to see to the propriety of the transaction nor to 

the application of the proceeds. 

C. The Trustee shall have the power at their sole discretion

to purchase assets at the fair market value 1 including 

nonproductive assets, from Grantor• s estate, the price of such 

purchases to be not more than the fair market value determined by 

the Trustee. 

D. The Trustee may make loans to the estate of Granter.

ITEM IX 

Dii�eations to 'J;'rust;�� 

A. Distribution of income from the Trust created under

this Trust, except discretionary distributions (if any), shall be 

made not less frequently than quarter-annually. 

B. The Trustee shall charge against income a reasonable

allowance for depreciation on property. 

14 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 28 of 49
. .

C. The Trustee shall charge all of the Trustee's regular

compensation against income. 

D. With regard to all annuities and policies of insurance

that are payable to any Trustee named in this Trust, the Trustee 

may: 

1. Execute and deliver receipts and other instruments

and take such other action as may be appropriate to obtain 

possession and control of the annuities or policies. 

2. Execute and file proofs of claim required to collect

the proceeds of annuities or insurance policies, and the receipt of 

the Trustee shall constitute full acquittance to such companies for 

all proceeds so paid. 

J;TEM X 

'rrY..stee I s Cert_j.ficate 

A certificate signed by the Trustee and acknowledged before a 

notary public shall be conclusive evidence to all persons and for 

all purposes of the facts stated in the certificate respecting the 

terms of this Trust and the identity of the Trustee who from timeto-time is serving under it. 

ITEM X,I 

Florida Law 

This Trust has been prepared and executed in the State of 

Florida. All questions concerning the meaning and intention of the 

terms of this Trust and concerning its validity and all questions 

15 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 29 of 49
relating to performance under it shall be judged and resolved in 

accordance with the laws of Florida. 

IN WITNESS WHEREOF, EDWARD D. GRIFFIN and BETTIE G. GRIFFIN 

have signed this Trust as Grantors to evidence their creation of 

this Trust. 

DATED this \8,u... day of _\}-.J,,..._t.::::�::,,,,s1 ___ , J 2002.

l\ t 

EDWARD D. GRIFFIN, GRANTOR 

Signed, sealed, published and declared by EDWARD D. GRIFFIN 

and BETTIE G. GRIFFIN as and for their Trust in our presence and 

we, at their request and in their presence, and in th� presence of 

each other, have h7reunto subscribed our names as witnesses the day 

/ 

and year above s/tout. 

... •-----....-.,� ..,. ✓�----"-,, (/ 

�-- .. )/" l

.. ' �C-f.�r---,··- "-r __ residing in Panama City, Florida, -c·· Ci,_o/f ✓.,1) ,') .... { i;;J{�� . 1Jf.44""-'··"'" ,,,

 �1⁄2r...&,'-'-= ...... �......,.,,,�-residing in Panama City, Florida. 

,

,.,

.r·

• 

STATE (0 FLORIDA, (

,·

COUNTY.OF JACKSON. 

we, EDWARD GRIFFIN and BETTIE G. GRIFFIN,

and .• �!..- �" -�- (l· \ll. ��-'\'... , ... � � ��.,.;�t:i the

Grantors and the witnesses, respectively, whose names are signed to 

the attached or foregoing instrument, being sworn, hereby declare 

16 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 30 of 49
to the undersigned officer that the Grantors, in the presence of 

the witnesses, signed the instrument as their Trust, and that each 

of the witnesses, in the presence of the Granters and in the 

presence of each other, signed the Trust as a witness. 

EDWARD 

-��.�

D. GRIFFIN 

���I�---

•-.--, - -, . --··:,, (� ;\ / l/::�_..;::r '-r,L .. •- 4 _ ... , ,,_-:-�- ---- ,/ Witness 

/} 11:d // 

� ,h .,I �W>c":_�,// ) 

SWORN TO and subscribed before me by the Granters, EDWA�_.--/ 

GRIFFIN and BETTIE G. GRIFFIN, by _h� SJ \l..,cu,, � and

the witnesses, on the \�day of 

17 

IOMBEALY s. WHITE 

MY COMMISSION II CO 991976 

EXPIRES: Maro!! 16, 2005 

BondodThru Nohlry Pli!I� IJnM!Ylriltle 

EDWARD D. GRIFFIN, Trustee 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 31 of 49
.. 

EXH*_BIT A 

TO THE GRIFFIN REVOCABLE LIVING TRJLSTJ9Q2 

$100.00 Cash 

H:\WPOOCS\GRIFFIN-BDWARD\TRUST-061802 18 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 32 of 49
IT 1st Bill anil Westament

OF 

EDWARD D. GRIFFIN 

2-0-· \6"\.ofR

_ I_( EDWARD D. : GRIFFIN, a resident of Jackson County, 

Florida, do make and publish this my Last Will and Testament, 

hereby revoking all wills and codicils heretofore made by me. 

Article I 

A. I wish my body buried in a suitable manner and a

suitable memorial erected and the cost thereof paid out of my 

estate. 

B. All transfer, estate, inheritance, succession and

other death taxes which shall become payable by reason of my 

death, shall be paid without apportionment from my residuary 

estate. 

I devise certain articles of my tangible personal 

property as.provided in the-last dated written statement or 

list made for this purpose and signed by me. In the event no 

IDENTIFICATION SIGNATURE:_��--- ----�-• -

�--='--........,__, __ , ___ _ 

1 

JACKS N COUNTY CLERK OF COURT 08-05-2020 11 :20 

lnst: 202032007813 Date: 08/04/2020 Time: 9:18Al\-I 

Page 1 of9 B: 1659 P: 462, Clayton O. Rooks ID, Clerk of Court 

Jackson, County, By: DC 

DeputyOerk 

EXHIBIT "B"

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 33 of 49
·separate writing is found within three months after the date

of my death,_it shall be conclusively presumed that no such

writing exits. All of my household furniture and furnishings,

books, pictures, objects of art, silverware, jewelry, clothing,

any automobiles and boats, and other tangible personal property

(including any insurance thereon, but excluding money or

property used in a trade or business) not disposed of pursuant

to any such separate writing, I devise to my wife, BETTIE G.

GRIFFIN, provided she survives me. All reason�ble storage,

shipping, insurance, and other charges i?curred.in connection

with such property may be paid by my Personal Representative.

Article III 

I devise all of the remainder of my estate to the Trustee 

of that certain Trust established by agreement dated June 18, 

2002 to be added to and become a part of the principal of the 

Trust to be held, administered and distributed as if originally 

a part of the property of the Trust. If for any reason the 

above-described trust shall not be in existence at my death, 

or if for any reason a court of competent jurisdiction shall 

declare such trust to be ineffective for the disposition of 

assets of my estate, I devise my residuary estate to the 

Trustee named in the trust instrument creating the Trust, to 

�})l.>I�-� 

IDENTIFICATION SIGNATU�E: ________ � _ __,L_ ______ _ 

2 

JACKSON COUNTY CLERK OF COURT 08-05-2020 11 :20 

Inst: 202032007813 Date: 08/04/2020 Time: 9:18Al'\'I 

Page 2 of9 B: 1659 P: 463, Clayton O. Rooks III, Clerk of Court

Jackson, County, By: DC 

Deputy Clerk 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 34 of 49
be held, managed and distributed in the manner and for the term 

described therein giving effect to all valid amendments of said 

trust instrument, and in any event giving effect to all terms 

of the trust in effect at my death; and for those purposes I 

incorporate by reference the trust instrument as it now exists 

into this my Last Will and Testament. 

Article IV 

I hereby appoint as Personal Representative of my estate, 

my wife, BETTIE G. GRIFFIN and direct that she be allowed to 

serve as same without the necessity of posting bond. 

Article V 

A. In the management, care and disposition of my estate,

I confer upc;m the_ Personal Representative of my estate, and its 

successors in office, the power to do all things and to execute 

such instruments as may be deemed necessary or proper, 

i_ncluding the powers set out in Chapter 733 of the Florida 

Statutes, as amended to the date of execution of this Will, 

which powers are incorporated by reference herein. All such 

powers may be exercised without order of or report to any 

court. 

B. In addition, I confer upon the Personal 

Representative of my estate, and its successors in office, the 

�/} IJ(i)·�" ' IDENTIFICATION SIGNATURE:---"'cc.=..----'-'=---'---------------- � 1,1

3 Inst: 202032007813 Date: 08/04/2020 Time: 9:18Ai\-l 

., ,j ; 

·,

Page 3 of9 B: 1659 P: 464, Clayton 0. Rooks III, Clerk of Court 

Jackson, County, By: DC 

Deputy Oerli: 

JACKSON COUNTY CLERK OF COURT 08-05-2020 11 :20 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 35 of 49
. .. 

following powers to be exercised without authority from any 

cou;i:-t: (1) to sell, exchange, or otherwise dispose of any 

real or personal property at any time held or acquired under 

this Will, at public or private sale, for cash or on terms, 

without advertisement, including the right to lease for any 

term notwithstanding the period of administration, and to grant 

options (including writing covered call options) to buy for any 

period, including a I?eriod beyond the period of administration; 

and (2) to retain and carry on any business in which I may own 

an interest at my death_. 

C. My Personal Representative shall not be required to

file any accounting or other returns or reports to any court 

or to give bond in any jurisdiction in which such requirements 

may be waived by the terms of this Will. 

IN WITNESS WHEREOF, I have set my hand and seal to this, 

my Last Will and Testament, this 18-b- day of �� , 2002.

EDWARD ��,� D. GRIF� TBStator

Signed, sealed and published by EDWARD D. GRIFFIN, the 

Testator above named, as and to be his-Last Will and Testame;nt, 

in our presence and we, at h1s request and in his presence and 

in the presence of each other, have subscribed our names as 

witnesses this day of-� / 2002, 

• C 

4 

Inst· 202032007813 Date: 08/04/2020 Time: 9:18Ai"1 

Pag� 4 of9 B: 1659 P: 465, Clayton o. Rooks m, Clerk of Court 

Jackson, County, By: DC 

DeputyOerk 

JACKSON COUNTY CLERK OF COURT 08-05-2020 11 :20 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 36 of 49
c..., residing in Panama City, Florida. 

��ng in Panama City, Florida.

STATE OF FLO::,, a 

COUNTY OF BAY. 

We, · EDWARD D. GRIFFIN, and 

� c.\ ��• \(= , the Testator and the witnes,ses,

respectively, whose names are signed to the att:ache� or 

foregoing instrument, being sworn, hereby declare to the 

undersigned officer that the Testator, in the presence of the 

witnesses, signed the instrument as his Last Wil;J.. and Testament 

and that each of the witnesses in the presence of the Testator 

and in the presence of each other signed the Will as a witness. 

SWORN TO and subscri�ed before me by the Testator, 

D.

&� 

GRIFFIN, 

ffi ,�� 

and by 

..----.. 

�� 

, the witnesses, 

�

on the \g:.,.-

of � cl----P \ 

KIMBERLYS. 

�

WHITE. 

MY COMMISSION# CC 991976 

EXPIRES: March 16, 2005 

Bonded Thru Notary Publ/o Undoiwritom 

and 

day 

Inst: 202032007813 Date: 08/04/2020 T"une: 9:18AM 

Page 5 of9 B: 1659 P: 466. Oayton 0. Rooks III, Oerk of Court 

5 .Jackson, County, By: DC 

DeputyOerk 

JACKSON COUNTY CLERK OF COURT 08-05-2020 11 :20 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 37 of 49
DATED: _______ _ 

'I 

EDWARD D. GRIFFIN 

:SETTIE G, GRIFFIN 

3356 Highway 90 

Marianna, Florida 32446 

Inst: 202032007813 Date: 08/04/2020 Time: 9:l�AM: 

Page 6 of9 B: 1659 P: 467, Clayton 'o. Rooks III, Clerk of Com 

Jackson, County, By: DC 

Deputy Clerk 

INSTRUCTIONS TO BANKS, SAVINGS & LOANS, AND CREDIT UNIONS 

RE: Account Number(s): 

Safe Deposit Box: 

Please transfer the title to all of my accounts into my revocable living 

trust, including the safe deposit box if the box number is listed above. 

Title should be held as follows: 

EDWARD D. GRIFFIN and BETTIE G. GRIFFIN I 

GRIFFIN REVOCABLE LIVING TRUST 2002 

Trustees of THE 

I 

TAXPAYER IDENTIFICATION NUMBER: Because the trustees of this trust are 

also the grantors, no new tax identification number is required and the 

account name should be reported under the social security numbers of the 

trustees. [IRC Reg. Sections 1.671-4(b), l.6012-3(a)(9), 301.6109-1 

(a){2)]. 

EFFECT ON ACCOUNT: These transfers should not affect interest, 

dividends, life insurance or any other income on the investments. If 

transfers will in any way affect income, dividends or life insurance 

please contact me prior to making changes. These transfers should also 

not affect the language on my checks, if a checking account is involved. 

ONE SIGNATURE REQUIRED: PLEASE NOTE THAT the trust authorizes the 

trustees to sign alone on any account. 

CERTIFICATE OF TRUSTEE AUTHORITY AND POWER: Enclosed for your records 

is an executed Certificate of Trust, which provides information regarding 

rights and responsibilities of management by trustee(s). This 

Certificate is provided in lieu of sending a copy of the entire trust 

document. 

CAUTION REGARDING TAX-DEFERRED ACCOUNTS: Do not transfer ownership of 

IRA or other tax-deferred accounts into the trust. Request a copy of the 

1 INSTRUCTIONS RE: R�TIREMENT PLANS, IRA'S, KEOGHS OR TAX DEFERRED 

�CiJ.�

ANNUITIES. 

r ·, 

EDWARD D. GRIFFIN BETTIE G. GRIFFIN 

JACKSON COUNTY CLERK OF COURT 08-05-2020 11 :20 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 38 of 49
A. 

ASSETS TRANSFERRED TO TRUST 

CHECKLIST 

BANKING 

/ Savings Accounts 

h / Checking Accounts 

Money Market Accounts 

CD's 

/2020 Time: 9:lSAJ.'\'l 

Inst: 20203200781! Da�e: 08/

0�vton o. Rooks III. Clerk of Court 

7 of9 B: 16::,9 P. 468,0 

Page 

. DC Jackson, County, By. 

Deputy Clerk 

[Include the first statement showing the Trust name in this 

section. Update these statements every January.] 

B. STOCKS AND BONDS

Brokerage Accounts 

Stock Certificates 

Mutual Fund Shares 

[Retitle all stock certificates and brokerage accounts to the 

name of the Trust. Include the first statement or a copy of 

the certificate in this section. Update these statements 

every January. J 

C. ___ Annuities - make the trust the beneficiary

D. ___ 

IRA' s - make your spouse (if applicable) the first

beneficiary then make the trust the back-up beneficiary 

E. 

F. 

G. 

401 - make your spouse (if applicable) the first

beneficiary then make the Trust the back-up beneficiary 

___ TSA/SEP/SIP etc. - make your spouse (if applicable) the 

first beneficiary then make the Trust the back-up beneficiary

Real Property Deeds transferred to trust (place in

Section 15 of your trust book) 

___ US Saving Bonds - either liquidate these bonds or call 

the U.S. Treasury department and complete the bond transfer

form for each bond to reflect the new ownership as the Trust. 

Other _________________________ _ 

JACKSON ©OtJ>N!f\¥01!.EftKROJieG:OURif oa�ps-2020 11 :20 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 39 of 49
. .

.. 

EDWARD D. GRIFFIN 

BETTIE G. GRIFFIN 

3356 Highway 90 

Mari�nna, Florida 32446 

DATED: ________ _ 

INSTRUCTIONS RE: 

LIFE INSURANCE OR NONTAX-DEFERRED ANNUITIES 

Re: Change of Beneficiary 

Policy Number: 

Inst: 202032007813 Date: 08/04/2020 Time: 9:18Ai'\.:l 

Page 8 of9 B: 1659 P: 469, Clayton 0. Rooks ill, Clerk of Court

Jackson, County, By: DC 

Deputy Clerk 

Please change the primary beneficiary of the policy shown above to 

my revocable living trust. 

·The beneficiary designation should read as follows:

EDWARD D. GRIFFIN �nd BETTIE G. GRIFFIN, Trustees of THE 

GRIFFIN REVOCABLE LIVING TRUST 2002 

The address of the trust is identical to the personal address noted 

above. 

TAX-DEFERRED ACCOUNTS: Do not transfer ownership of IRA or other 

tax-deferred accounts into the trust. If the spouse is currently 

named as the beneficiary of a qualified plan, please leave the 

spouse as primary beneficiary, and name the trustees of the trust 

(as described above) as the contingent beneficiary. DO NOT.remove 

spouse as primary beneficiary of qualified plans. 

Enclosed for your records is an executed Certificate of Trust 

Authority and Pow�r, which provides information regarding rights 

and responsibilities of management by trustee ( s) . This Certificate 

is provided in lieu of sending a copy of the entire trust document. 

*PLEASE NOTE* THIS IS A CHANGE OF BENEFICIARY AND NOT A CHANGE OF

OWNERSHIP.

EDWARD D. GRIFFIN BETTIE G. GRIFFIN 

JACKSON COUNTY CLERK OF COURT 08-05-2020 11 :20 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 40 of 49
EDWARD D. GRIFFIN 

BETTIE G. GRIFFIN 

3356 Highway 90 

Marianna, Florida 32446 

DATED: ________ _ 

INSTRUCTIONS TO STOCKBROKERS AND FINANCIAL PLANNERS 

RE: Account Nurnber(s): 

Inst: 202032007813 Date: 08/04/2020 Thne: 9:18AJ.'\tl 

Page 9 of9 B: 1659 P: -'70, Clayton 0. Rooks m, Clerk ofColll't 

Jackson, County, By: DC 

Deputy Clerk 

I REQUEST THAT TITLE TO ALL MY STOCKS, BONDS, AND ACCOUNTS BE AS 

FOLLOWS: 

EDWARD D. GRIFFIN and BETTIE G. GRIFFIN, Trustees of THE 

GRIFFIN REVOCABLE LIVING TRUST 2002 

TAXPAYER IDENTIFICATION NUMBER 

Because the trustees of this trust are also the grantors; no new 

tax identification number is required and the account name should 

be reported under the social security numbers of the trustees. 

[IRC Reg. Sections 1.671-4(b), 1.6012-3(a) (9), 301.6109-1 (a) (2)]. 

TAX-DEFERRED ACCOUNTS 

Do not transfer ownership of IRA or other tax-deferred accounts 

into the trust. Request a copy of -the 'INSTRUCTIONS RE: 

RETIREMENT PLANS, IRA'S, KEOGHS OR TAX-DEFERRED ANNUITIES' from me 

for the handling of these accounts. 

CERTIFICATE OF TRUSTEE AUTHORITY AND POWER 

Enclosed for your records is an executed Certificate of Trust 

authority and Power, which provides information regarding rights 

and responsibilities of management by trustee (s) . This Certificate 

is provided in lieu of sending a copy of the entire trust document. 

EDWARD D. GRIFFIN . BETTIE G. GRIFFIN 

JACKSON COUNTY CLERK OF COURT 08-05-2020 11 :20 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 41 of 49
FIRST AMENDMENT TO THE GRIFFIN REVOCABLE LIVING TRUST 2002 

AGREEMENT DATED JUNE 18TH, 2002 

I, EDWARD D. GRIFFIN, of Marianna, Jackson County, Florida and Grantor of the 

GRIFFIN REVOCABLE LIVING TRUST 2002, dated and executed on June 18th, 2002 (the 

"Trust Agreement"), publish and declare this to be my First Amendment to the Trust Agreement 

in the presence of Vanessa Davidson and A. Clay Milton. 

1. ITEM N of the Trust Agreement, tit]ed "Disposition of the Trust Properly After

Grantors' Deaths" is hereby revoked in its entirety and the following provisions are substituted in 

place thereof: 

ITEM IV 

TRUST DISTRIBUTIONS DURING GRANTOR'S LIFE 

Without limiting the provisions of!tem III of this Trust and as additional grant of 

authority During Grantor's lifetime, the tl1lst sha11 be administered and distributed as 

foJlows: 

A, General Provisions. The Trustee shall receive, hold and manage the Trust 

assets for Grantor's benefit; shall invest and reinvest such property, other than life

insurance policies; shall collect the income, if any, and the proceeds thereof; and shall 

distribute to the Grantor or to others that Grantor may direct so much of the net income 

and principal thereof as Grantor, in his-sole discretion, shall decide from time to time, 

provided Grantor is not incapacitated as a result of illness, age, or any other cause as 

determined by any successor Trustee upon consultation with Grantor's treating 

physician. If Grantor becomes incapacitated while serving as Trustee, then Orantor 

shall immediately tenninate as Trustee. Thereafter, the successor Trustee designated 

in accordance with this instrument shall pay to or apply for the benefit of Grantor, so 

much of the net income and principal of the trust, even to the extent of exhausting 

principal, as the successor Trustee may consider advisable for Grantor's health, 

maintenance and support. The successor Trustee shall be exonerated from any liability 

in connection with the making of such discretionary payments. The successor Trustee 

shall consult with Grantor insofar as practicable regarding the purchase, s�le, exchange 

or other disposition of investments constituting a part of the trust property. Apy net 

income not so expended may be accumulated and added to principal from 1ime to time. 

B, Use of Residential Property. If the trust consists of any residential 

property or any tangible personal property, then, in addition to the provisions set forth 

Page 1 of 5

(.f:), Initials

First Codicil to the GRIFFIN REVOCABLE LIVING TRUST 2002, 

dated and executed on June 18th, 2002 

EXHIBIT "C"

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 42 of 49
above in ftem IV.A., Grantor shall retain the right to occupy such residential property 

and to possess and use any tangible personal property. Grantor retains the right to 

claim a homestead exemption for property tax purposes on any residential property 

transferred into trust. Notwithstanding the above, during any period in which Grantor 

is determined to be incapacitated, the successor Trustee shall have the right during 

Grantor1

s lifetime to sell any :interest in residential real property or tangible personal 

property held by the trust and invest the proceeds of sale in any other residential real 

property or tangible personal property selected by the successor Trustee for Grantor's 

benefit. 

2. ITEM V of the Trust Agreement, titled "Management of Trusts after the First to

Die" is hereby revoked in its entirety and replaced with the following provisions 

ITEMV 

TRUST DISTRIBUTIONS AFTER GRANTOR'S DEATH 

A. Distributions Upon Death of Edward D. Griffin. After the death of

Edward D. Griffin, the trust shall be administered and distributed as follows: 

(a) Debts and Ex11enses. If the successor Trustee determines that

other provisions have not been adequately made, then such successor Trustee shall pay 

out of the residue of the trust estate, without apportionment, any debts of the Grantor 

as they come due, expenses of Grantor's last illness and :funeral, and expenses incurred 

in administering or distributing that Grantor's probate estate. 

(b) Taxes. The successor Trustee shall pay out of the residue of the

Trust estate, without apportionment, all estate, inheritance, and other death truces 

(including interest and penalties) payable by reason of the Grantor's death on property 

in or passing into any trust created by this agreement at or as a result of the Grantor's 

death. 

(c) Distribution of Residue. Subject to Items V. A.(a) and (b) and

Item V. B., upon the death of the Grantor, the successor Trustee shall distribute any 

remaiJVng trust property, not otherwise distributed or held in trust pursuant to Items V. 

A. (a) or (b) or Item V. B. to Grantor's great-grandson, Logan Riley Taylor. In the

event Logan Riley Taylor predeceases the Grantor, then the remaining trust property,

not otherwise distributed or held in trust pursuant to Items V. A. (a) or (b) and subject

to Item V. B., to the then living descendants of Logan Riley Taylor, per stirpes; or if

none, to Grantor's then living descendants, per stirpes; or if none, to the then living

heirs at law of Gran.tor determined at that time as if I died unmarried and intestate

under Florida law.

Page 2 of 5 

a.J.nitials 

First Codicil to the GRIFFIN REVOCABLE LIVING TRUST 2002, 

dated and executed on .June 18th, 2002 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 43 of 49
B. Standby Trust. If any assets are distributable under this Trust to a person

who has not then reached age 30, or who in the judgment of the successor Trustee is 

under a disability, the successor Trustee will hold that person's share in trust for his or 

her benefit. In determining a person's disability, the successor Trustee may rely 

conclusively upon the opinion of a medical doctor retained by them to make such a 

determination. The successor Trustee may apply so much of the income and principal 

of this separate trust that they consider necessary or desirable for the person's health, 

education, support, and maintenance. Any undistributed income is to be added to 

principal periodically. Alternatively, the successor Trustee may distribute that person's 

share directly to that person whether or not he or she has a guardian; to the parent or 

guardian or spouse of that person; to a custodial account established for that person (by 

the successor Trustee or someone else) under an applicable Uniform Transfers to 

Minors Act or Uniform Gifts to Minors Act; or to any adult who resides in the 

household in which that person resides or who may otherwise be responsible for the 

care and well-being of that person. When the person reaches age 30 or when that 

person's disability, in the judgment of the successor Trustee, ceases to exist, the 

successor Trustee shall distribute the remaining assets of this separate trust to that 

person. If that person dies before complete distribution of this separate trust, the 

remaining trust assets are to be distributed, subject to this article, to that person's then 

living descendants, per stirpes; or if none, to Grantor's then living descendants, per 

stirpes. This article is to be effective only and is Jimited in duration to the extent that it 

does not result in any violation of any applicable rule against perpetuities or similar 

law. 

3. ITEM VII of the Trust Agreement, titled "Appointment of Trustee" is hereby

revoked in its entirety and replaced with the following provisions: 

ITEM VII 

APPOINTMENT OF TRUSTEE 

A. Grantor retains the right to serve as Trustee during his lifetime, unless

otherwise incapacitated or unable to serve in such capacity. If Grantor becomes 

incapacitated or for any other reason Grantor shall fail or cease to act as Trustee(s), 

Grantor names Cathy M. Barwick, as successor Trustee. In the event no person 

designated herein serves as Trustee or ceases to serve, the beneficiary(s), by majority 

in interest, may designate a single Trustee provided the Trustee must be a descendant 

of Grantor or a commercial Trustee. 

4. In every other respect I hereby ratify, confinn and republish all of the provisions

of the GRlFFIN REVOCABLE LIVING TRUST 2002, dated and executed on June 18th, 2002 

byme. 

Page 3 of 5 

t, l7, Initials

First Codicil to the GRIFFIN REVOCABLE LIVING TRUST 2002, 

dated and executed on June 18th, 2002 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 44 of 49
IN WITNESS WHEREOF, I the undersigned Grantor have hereunto subscribed my name 

and affixed my seal, on this the 29th day of September, 2015 at Marianna, Florida. 

The foregoing instrument was signed, sealed, published and declared by Edward D. 

Griflin, the abov�*named grantor, in the presence of us the undersigned, who, at his request and 

in his presence and in the presence of each other, have subscribed our names as 'Vl�tnesses after 

the grantor signed his name on this the 29th day of September, 2015. 

I llc���.-��.�L.�-----

Vanessa Davidson 

4450 Lafayette Street, Marianna, FL 32446 

\\_� �-_,J\�-- A. Clay Milton

,.. . 

\ 4450 Lafayette Street, Marianna, FL 32446

Page 4 of 5 

L_. b, Initials

First Codicil to the GRIFFIN REVOCABLE LIVING TRUST 2002, 

dated and executed on June 18th, 2002 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 45 of 49
STATE OF FLORIDA 

COUNTY OF JACKSON 

ATTESTATION CLAUSE 

We, Edward D. Griffin, Vanessa Davidson and A. Clay Milton, the Grantor and 

Witnesses, respectively, whose names are signed to the attached or foregoing instrument, having 

been duly sworn, declared to the undersigned officer that the Grantor, in the presence of the 

witnesses, signed the instrument as is First Amendment to the Griffin Revocable Living Trust 

2002 Agreement dated June 181

\ 2002, that he signed voluntarily, and that the witnesses, in the 

presence of the Grantor, at his request, and in the presence of each other, signed the document as 

witness and that to the best of the knowledge of each witness, the grantor was, at that time, 18 or 

more years of age, of sound mind and under no constraint or undue influence. 

Subscribed, and sworn to before me by Edward D. Griffin, the Grantor, and Vanessa 

Davidson and A. Clay Milton, the witnesses, on this 29th day of September, 2015, all of whom 

personally appeared before me, and all of whom are personally known to me. 

d_� j�����L ___ ,_,_ <..,r �Piili-1'.[ State of Florida

(Stamp Neme, Commission # and Expiration below) 

Page 5 of 5 

E.'iJ' Initials

First Codicil to the GRIFFIN REVOCABLE LIVING TRUST 2002, 

dated and executed on June 18th, 2002 

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 46 of 49
SECOND AMENDMENT TO THE GRIFF.IN REVOCABLE LIVING TRUST 2002 

AGREEMENT DATED JUNE 18rn, 2002 

I, EDWARD D. GRIFFIN, of Marianna, Jackson County, Florida and Grantor of the 

GRIFFIN REVOCABLE LIVING TRUST 2002, dated and executed on June 18, 2002 (the "Trust 

Agreement"), publish and declare this to by my Second Amendment to the Trust Agreement in the 

presence of A. Clay Milton and Paula V. Rogers. 

1. ITEM V A. ( c) of the Trust Agreement, titled, "Distribution of Residue" is hereby

revoked in its entirety and the following provisions are substituted in place thereof: 

(c) Distribution of Residue. Subject to Items V. A.(a) and (b) and Item V. B,

upon the death of the Grantor, the successor Trustee shall distribute any remaining trust property, 

not otherwise distributed or held in trust pursuant to Items V. A. (a) or (b) or Item V. B. as follows 

(1) The real property located at 3356 Highway 90, as described in O.R. Book

875, Page 150, Official Records of Jackson County, Florida, shall be distributed to the Grantor's 

niece, SANDRA REGISTER, whose address is 3056 Napier Trail, Marianna, Florida 32446, if she 

survives the Gran.tor. If SANDRA REGISTER predeceased the Grantor then this gift shall lapse. 

(2) The checking account at Wells Fargo Bank, Account No.

1000011992423, shall be distributed to the Grantor's niece> SANDRA REGISIBR, if she survives 

Grantor. If SANDRA REGISTER predeceased the Gran.tor then this gift shall lapse 

(3) Any remaining trust property, not otherwise distributed or held in trust

pursuant to Items V. A. (a) or (b) or Item V. B. shall be distributed as a percentage of the total 

Residue of the Trust to the following individuals: 

To: Sandra Register - 40% 

To: Patricia L. Kittrell - 20% 

To: Patricia Pineda - 20% 

EXHIBIT "D"

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 47 of 49
To: June Willis - 20% 

In the event any named beneficiary shall predecease Grantor, then such deceased beneficiaries 

interest in the residue of the Trust shall lapse and his or her share of the residue of this Trust shall 

be added back to the residue and shall be distributed to the remaining residuary beneficiaries in the 

same proportionate interest to the total as set forth hereinabove but excluding the deceased 

beneficiaries share from such calculation. In the event all named beneficiaries predecease the 

Grantor, then the residue of this Trust shall be distributed to the heirs at law of the Grantor, 

detennined atthe time of Grantor's death as if Orantor died unmarried and intestate under Florida 

law. 

2. ITEM VII of the Trust Agreement, titled, "APPOINTMENT OF TRUSTEE" is

hereby revoked in its entirety and the following provisions are substituted in place thereof: 

A. Orantor retains the right to serve as Trustee during his lifetime, unless

otherwise incapacitated or unable to serve in such capacity. If Grantor becomes incapacitated or 

for any other reason Grantor shall fail or cease to act as Trustee(s), Grantor names SANDRA 

REGISTER, as successor Trustee. In the event no person designed herein serves as Trustee or 

ceases to serve, the beneficiary(s), by majority in interest, may designate a Trustee provided the 

Trustee must be a descendent of Grantor or a commercial Trustee. 

3. In every other respect, I hereby ratify, confinn and republish all of the provisions of

the GRIFFIN REVOCABLE LIVING TRUST 2002, dated and executed by me on June 18, 2002 

and the FIRST AMENDMENf TO THE GRIFFIN REVOCABLE LIVING TRUST 2002 

AGREEMENT DATED ruNE 18m, 2002, dated and executed by me on September 29t11

, 2015.

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 48 of 49
Subscribed and sworn to before me by EDWARD D. GR1FFIN, thJ Grantor, and A.

CLAY MILTON and PAULA V. ROGERS, the witnesses, on this the ,£1.,3r

�··· day of April, 2018, 

all of whom personally appt

ared before me, EDW4..,� D.

1

GRlfFIN, the Grantor, ( ) is 

personally known to me or ( /\) has produced f t{}{;:1.'1tl�ll1'.VS l,.l� s-e . _ ·- as 

identification. A. CLAY MILTON and PAULA V. ROGERS, the witnesses, are personally 

known tome. 

THIS INSTRID.1ENT PREPARED BY: 

A. Clay Milton

Florida Bar No. 013185

FUQUA & MILTON, P.A.

4450 Lafayette Street

Post Office Box 1508

Marianna, Florida 32447

(850) 526-2263

cmilton@fmc.legal

Case 5:20-cv-00327-MW-MJF Document 1 Filed 12/07/20 Page 49 of 49