DIRECTLY CONFLICTING RULINGS
FROM JUDGE WOOD’S JUDGMENT
MAR. 7, 2002
August 15, 2002
PAGE 7, &3.1:
“This Court (Houston Probate) has exclusive and dominant jurisdiction over
(1) all claims regarding the property owned by J. Howard Marshall II;
(2) the Last Will and Testament of J. Howard Marshall II dated the 22nd day of December, 1992;
(4) the Amended and Restated Living Trust Indenture dated the 13th day of July, 1994;
(6) all affirmative claims and all filed and possible compulsory counterclaims raised by JHM 3 and VICKIE LYNN MARSHALL;
(7) all plaintiffs’ and defendants’ claims raised and that could have been raised against the Estate of J. Howard Marshall II, concerning the making of any inter vivos or testamentary gift or transfer by J. Howard Marshall II of any of his property.”
PAGE 9; &3.8:
“The Court further finds, after the Court’s consideration of the jury’s findings on testa-mentary capacity and undue influence, the Last Will and Testament of J. Howard Marshall II, dated the 11th day of June 1993, are genuine, were validly executed by J. Howard Marshall, II as a competent adult possessing sound mind, mental capacity, and testamentary capacity, and were not the product of undue influence or any other tortious act, and are otherwise qualified in all respects for admission to probate by this Court.”
PAGE 12; &3.20:
“IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED by the Court that the Amended and Restated Living Trust Indenture dated the 13th day of July 1994 was not executed by J. HOWARD MARSHALL II when he lacked the requisite mental capacity and was not the result of undue influence; and. . .”
PAGE 13; &3.22:
“Further, the Court finds that all decrees pertaining to VICKIE LYNN MARSHALL, A/K/A ANNA NICOLE SMITH and as ordered herein do not arise from any conduct that occurred on or before March 8, 1999.” (the date of VLS’ discharge from Bankruptcy in California)
&3.23:
“IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED by the Court that counter defendant VICKIE LYNN MARSHALL, A/K/A ANNA NICOLE SMITH, did not have an agreement with J. HOWARD MARSHALL II that he would give her one-half of all his property;”
&3.24:
“IT IS FURTHER ORDERED, ADJUDGED, AND DECREED by the Court that VICKIE LYNN MARSHALL, A/K/A ANNA NICOLE SMITH, abandoned any claim as to any property interest, other interest, or claim of any kind or sort in the estate of J. HOWARD MARSHALL II, in the property or assets of the J. Howard Marshall, II, Living Trust, or in any property that is the subject matter of this proceeding, and that those persons designated in the Last Will and Testament of J. Howard Marshall, II, dated the 22 day of December 1992 and admitted to probate by this judgment, and in the Amended and Restated Living Trust Indenture dated the 13th day of July 1994 shall take that property free of any claim by VICKIE LYNN MARSHALL, A/K/A ANNA NICOLE SMITH;”
PAGE 15; &3.34:
“The Court finds that any and all claims by VICKIE LYNN MARSHALL against the Estate of J. HOWARD MARSHALL II or against the property of J. Howard Marshall, II, Living Trust, including but not limited to claims that J. HOWARD MARSHALL II intended but failed to give her or to leave her any portion of such property during his life or upon his death, were required by law to have been asserted as compulsory counterclaims in this proceeding pursuant to Tex. R. Civ. P. 97. The Court further finds that the jury answered the foregoing questions that J. HOWARD MARSHALL II possessed mental capacity as required by law when he executed the Amended and Restated Living Trust indenture dated the 13th day of July 1994 and that the jury has failed to find that said execution was procured through undue influence exercised by E. Pierce Marshall.”
&3.35:
“IT IS THEREFORE, ORDERED, ADJUDGED, AND DECREED by the Court as a matter of law that VICKIE LYNN MARSHALL, A/K/A ANNA NICOLE SMITH, does not possess any interest in and is not entitled to possession of any property within the Estate of J. HOWARD MARSHALL II or any property of the J. Howard Marshall, II, Living Trust because of any representations, promises, or agreements made by J. HOWARD MARSHALL II to or with VICKIE LYNN MARSHALL, A/K/A ANNA NICOLE SMITH;”
&3.37:
“IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that J. HOWARD MARSHALL II did not intend to give and did not give to VICKIE LYNN MARSHALL, A/K/A ANNA NICOLE SMITH, a gift or bequest from the Estate of J. HOWARD MARSHALL II or from the J. Howard Marshall, II, Living Trust either prior to or upon his death;”
TRIAL STATISTICS:
Houston Probate: 44 Witnesses 95 Trial Days 12 Jurors
California Court: 5 Witnesses 15 Trial Days No Jury