Robbins' Barkley Estate MotionSeptember 16 2004 at 8:33 PM
|Ron Sharps |
ESTATE OF J.P. BARKLEY,
IN THE COUNTY COURT AT
LAW NO. 1 OF
WICHITA COUNTY, TEXAS
MOTION FOR NEW TRIAL/BILL OF REVIEW
CONCERNING APPLICATION FOR LETTERS OF ADMINISTRATION
COMES NOW, JEWELL ROBBINS, (MOVANT/APPLICANT) and, pursuant to Texas Rules of Civil Procedure and/or Texas Probate section 31 files this Motion for a New Trial/Bill of Review concerning the denial by the Court of the Application for Administration of the above Estate, and would show the Court as follows:
1. Jewell Robbins is the representative of the heirs of W.R. Meadows, Deceased, who was a partner of J.P. Barkley, Deceased. Jewell Robbins has filed suit to obtain judgments against various parties to obtain funds owed to the partnership of Barkley and Meadows, which upon the death of both are owned by the heirs as joint tenants.
Therefore, she is an interested party in this Estate, as the Barkley portions of such funds must be deposited in a fund and Barkley heirship determined at some later date. This is a proper proceeding and forum for such to occur in accordance with Texas Probate Code section 49; and,
2. As to jurisdiction and venue in this County, the evidence on file shows that the Decedent lived for many years prior to his death in Wichita County; owned property in Wichita County; ran his business in Wichita County; and, died in Wichita County in 1939. Therefore, the requirements of Texas Probate Code sections 5 and 6 have been proven, and do exist; and,
3. Although this Application is filed many years after the date of death of Barkley, the provisions of Texas Probate Code sec 74 allow for such delayed filing when property owed Decedents heirs is discovered after the four year period, as the proof in this case clearly shows. Section 74 provides in pertinent part regarding the 4 year limitations: provided that this section shall not apply in any case where administration is necessary in order to receive or recover funds or other property due to the estate of decedent. This provision overrides the limitations outlined in Texas Probate Code sec 88(a)(1) which would otherwise be inconsistent with such provision. The circumstances shown in the proof filed in this cause clearly conform to this exception and, therefore, allow the granting of the letters of administration; and,
4. There are no impediments to the granting of the Letters of Administration in this cause, and, therefore, the Letters should be granted under Texas Probate Code sec 178; and,
5. There has been no opposition to the granting of the Letters of Administration as provided in Texas Probate Code sec 179;
6. The Court has apparently not concluded that there is no necessity for administration because it has not complied with Texas Probate Code sec 180, and indeed such a determination would be error as it would be contrary to the proof furnished in this cause; and,
7. Finally, in granting the Letters of Administration requested there can be no harm to any heir of the Decedent, and indeed such will be to the benefit of both the Estate, and the ultimate beneficiaries.
WHEREFORE, APPLICANT prays that this Motion for a New Trial/Bill of review be granted for all the foregoing reasons.
Additionally, JEWELL ROBBINS, (APPLICANT) furnishes the following additional information to the Court concerning the Estate of J.P. BARKLEY, Deceased (DECEDENT) and for issuance of Letters of Administration to Applicant:
1. Applicant is an individual interested in this Estate, domiciled in and residing at 3071 Pimlico Parkway, Lexington, Fayette County, Kentucky 40515, is entitled to Letters of Administration, is not disqualified by law, and is not related to Decedent, but is the assignee of the heirs of William R. Meadows, Deceased, who was a partner of the Decedent, J.P. Barkley, Deceased, in that certain oil and gas partnership known as Barkley and Meadows, which had its principal offices and principal place of business located in Wichita Falls, Wichita County, Texas, from the date of its formation in the late 1900 teens (approximately 1918) until the partnership was terminated by the death of the said William R. Meadows, Deceased, in 1935, when the partnership was dissolved by operation of law at the death of W.R. Meadows, Deceased.
2. Decedent died intestate on November 16, 1939, in Wichita Falls, Wichita County, Texas, at the age of approximately 58 years.
3. This Court has jurisdiction and venue because Decedent was domiciled and had a fixed place of residence in this county on the date of death.
4. Decedent owned real and personal property described generally as oil and gas properties of a probable value in excess of $5000.00 (the exact amount of the value is not known at this time, but will be determined by a series of lawsuits litigating title to such property).
5. The name, age, marital status, address and relationship of each heir of Decedent is as follows:
(These are not presently known. Even though Applicant has utilized all documents filed of record in the Deed Records of Wichita County, Texas, and the recollection of the children of W.R. Meadows is that J.P. Barkley, Deceased, was born in Marion County, Missouri; was never married; died intestate in Wichita Falls, Wichita County, Texas; and, was buried in Palmyra, in the State of Missouri. Applicant will continue to try to locate heirs of the said J.P. Barkley, and will apprise the Court of the progress that she has or will have made. Citation has been accomplished by publication in this suit prior to the date hereof):
6. No child or children were born to or adopted by Decedent.
7. Decedent was never married or divorced, to the best of the knowledge and belief of Applicant.
8. A necessity exists for the administration of estate because there are properties which the Estate owns interests in by virtue of the fact that Decedent was a partner with the said W.R. Meadows in that certain partnership, which, although the death of W.R. Meadows in 1935, affected a dissolution of the partnership as a matter of law, the partnership never went through formal wind-up, of the Barkley and Meadows partnership, which had its offices and principal place of business at all times in Wichita Falls, Wichita County, Texas. The assets of such partnership, above described, should go through formal wind-up, and be partitioned among the estates of Barkley and Meadows, and partitioned among their respective heirs.
9. There is no need for the appointment of appraisers.
10. Decedents social security umber is unknown to Applicant.
11. Decedents heirs have heretofore been served with citation by publication in Wichita County, Texas, as previously ordered by this Court, since Applicant has been unable to locate any of the remaining heirs of Decedent.
12. Since Applicant is a non-resident of the State of Texas, Stephen F. Hefner, who resides in Fort Worth, Texas, and whose address is P.O. Box 821547, Fort Worth, Texas 76182-1547, and whose physical address is 7056 Meadowview Terrace, Fort Worth, Texas 76180, should be appointed and designated as the Texas resident and agent for service of process on the said Estate and/or the Applicant herein.
Applicant prays that the Texas resident and agent for service of process upon the Estate and/or the Applicant, as described above, be designated and appointed the resident agent for such service of process; that Applicant be appointed Administrator of this Estate; that Letters of Administration be issued to Applicant; that appraisers not be appointed; and that all other orders be entered as the Court may deem proper.
Respectfully submitted, Jewell Robbins, Applicant/Affiant
By: Gregory A. Ross
State Bar No. 17302500
P.O. Box 5147
Wichita Falls, Texas 76307
Texas law cited in Motion:
§ 88. Proof Required for Probate and Issuance of Letters Testamentary or of Administration
(a) General Proof. Whenever an applicant seeks to probate a will or to obtain issuance of letters testamentary or of administration, he must first prove to the satisfaction of the court:
(1) That the person is dead, and that four years have not elapsed since his decease and prior to the application; and
(2) That the court has jurisdiction and venue over the estate; and
(3) That citation has been served and returned in the manner and for the length of time required by this Code; and
(4) That the person for whom letters testamentary or of administration are sought is entitled thereto by law and is not disqualified.
(b) Additional Proof for Probate of Will. To obtain probate of a will, the applicant must also prove to the satisfaction of the court:
(1) If the will is not self-proved as provided by this Code, that the testator, at the time of executing the will, was at least eighteen years of age, or was or had been lawfully married, or was a member of the armed forces of the United States or of the auxiliaries thereof, or of the Maritime Service of the United States, and was of sound mind; and
(2) If the will is not self-proved as provided by this Code, that the testator executed the will with the formalities and solemnities and under the circumstances required by law to make it a valid will; and
(3) That such will was not revoked by the testator.
(c) Additional Proof for Issuance of Letters Testamentary. If letters testamentary are to be granted, it must appear to the court that proof required for the probate of the will has been made, and, in addition, that the person to whom the letters are to be granted is named as executor in the will.
(d) Additional Proof for Issuance of Letters of Administration. If letters of administration are to be granted, the applicant must also prove to the satisfaction of the court that there exists a necessity for an administration upon such estate.
(e) Proof Required Where Prior Letters Have Been Granted. If letters testamentary or of administration have previously been granted upon the estate, the applicant need show only that the person for whom letters are sought is entitled thereto by law and is not disqualified.
Estate of J.P. Barkley verdict:
CAUSE NO. 25001-E
IN THE COUNTY COURT AT LAW
WICHITA COUNTY, TEXAS
ORDER DENYING MOTION FOR A NEW TRIAL
On the 16th of August, 2002, the Court heard the Motion for a New Trial filed by JEWELL ROBBINS (Applicant) in the Estate of J.P. Barkley, Deceased (Deceased).
The Court heard the evidence and reviewed the documents filed herein, and said motion is DENIED.
IT IS FURTHER ORDERED that attorneys fees in the amount of One Thousand Three Hundred and Twenty-Five Dollars and No Cents ($1,325.00) are awarded to the ad litem, Tim Kramer, and against the Applicant, Jewel Robbins.
SIGNED this the 16 day of August, 2002.
Just so you know,
|October 10 2004, 1:40 PM |
the original Administration Application was denied because of the passage of time (50 years).
The existence or non-existence of Barkley's heirs was irrelevant.