STERN v. MARSHALL

No. 01-02-00114-CV.

471 S.W.3d 498 (2015)

Howard STERN as Executor of the Estate of Vickie Lynn Marshall, Appellant v. Elaine MARSHALL as Independent Executrix of the Estate of E. Pierce Marshall, Robert McIntyre as Temporary Administrator of the Estate of J. Howard Marshall, II, Application to Appoint Elaine Marshall Pending, IV Elaine Marshall as Trustee of the Marshall Grandchildren's Trust for the Benefit of E. Pierce Marshall, Jr., Elaine Marshall as Trustee of the Marshall Grandchildren's Trust for the Benefit of Preston Marshall, E. Pierce Marshall, Jr., Elaine Marshall, and Preston Marshall as Trustees of the Marshall Petroleum, Inc. Stock Holding Trust, E. Pierce Marshall, Jr., Elaine Marshall, and Preston Marshall as Trustees of the Marshall Heritage Foundation and The Marshall Legacy Foundation, Elaine Marshall as Trustee of the Bettye B. Marshall Living Trust, Elaine Marshall as Trustee of the J. Howard Marshall, II, Marital Trust Number Two, Elaine Marshall as Trustee of the E. Pierce Marshall Family Trust Created Under The Bettye B. Marshall Living Trust Indenture Dated October 30, 1990, Elaine Marshall Individually Elaine Marshall as Trustee of the Marshall Grandchildren's Trust for the Benefit of E. Pierce Marshall, Jr., Elaine Marshall as Trustee of the Marshall Grandchildren' Trust for the Benefit of Preston Marshall, E. Pierce Marshall, Jr., Preston Marshall, Trof, Inc., Finley Hilliard, Elaine Marshall and Stephen Cook As Trustees of the J. Howard Marshall, II Living Trust, E. Pierce Marshall, Jr., Elaine Marshall and Preston Marshall as Trustees of the Marshall Petroleum, Inc. Stock Holding Trust, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued July 14, 2015.


Attorney(s) appearing for the Case

Tom Alan Cunningham , Debbie C. Darlow , Cunningham Darlow LLP, Houston, TX, for Appellant

G. Eric Brunstad, Jr. , Dechert LLP, Harford, CT, Timothy F. Lee , Michelle R. Meriam , Wendy Ware Bishop , Ware Jackson Lee & Chambers, L.L.P., Houston, TX, for Appellees

Panel consists of Chief Justice Radack and Justices Brown and Lloyd.


OPINION

This is an appeal from a probate court judgment. We reverse the attorneys' fees awarded in favor of one of the appellees and render judgment that appellee take nothing on that claim. We additionally modify the trial court's judgment and affirm the judgment...

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