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As Plaintiffs use the full names of their three children, the court will do the same. In addition, in light of the court's determination that Plaintiffs are estopped from bringing their claims, either under a theory of judicial estoppel or quasi-judicial estoppel, any amendment would be futile. Masgas v. Anderson, 310 S.W.3d 567, 571 (Tex. II, in ruling on such a Rule 12(b)(6) motion to dismiss, the court cannot look beyond the pleadings. ), or Galantine, is a recurring sword in the Final Fantasy series. App.-Houston [14th Dist.] 26 (original emphasis). Trusts that were supposed to be preserved by the Final Judgment had been prematurely and unlawfully terminated by Hill Jr. and his cohorts, thereby destroying the valuable inheritance of Hill III and his descendants, from the H.L. 879) that settled this action and related state court actions. 2020 Action, Doc. Although the history of the dispute between Hill III and his deceased father (and other relatives) is beyond the scope of this opinion, resolving the pending motions to dismiss the Complaint requires the court to revisit the trusts at issue, the 2020 Action, the GSA, and the Final Judgment. Margaret Hunt Hill (19152007) was an American heiress and philanthropist. 1996) (same). 28. They do not address statutory or prudential standing. Before turning to the pending motions to dismiss, the court must address Plaintiffs' Motion to Strike and their associated request that the court convert the pending motions to dismiss into motions for summary judgment. A string of three losses over the past three months have ended with orders for litigious Texas oil and gas heir Albert G. Hill III to pay attorney fees to winning defendantsat whom he lobbed lawsuits. As previously explained by the court in its legal standards, see supra Sec. Resp. This appeal makes it five. Hill v. Washburne, 953 F.3d 296, 301 (5th Cir. After Hassie's death, therefore, his equitable interests in the HHTE passed in equal shares to Margaret Hunt Hill's three children (Hill Jr., Lyda Hill, and Alinda Hill Wikert), as they were Margaret Hunt Hill's lineal descendants on the date of Hassie's death. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. The court noted that Hill III's failure to disprove the validity of Hill Jr.'s Powers of Appointment would bar him as a matter of law from seeking relief regarding dissolution of the Hill Jr. Each of the trusts is governed by a document titled Articles of Agreement and Declaration of Trust (the 1935 Trust Instruments). albert galatyn hill iii. Multi-Unit Residential; Residential; Hospitality Here, as the Hill Jr. 8 (214) 681-3171. Moreover, the court is seriously considering whether to impose substantial monetary sanctions against Hill III for being a vexatious litigator and abusing the judicial process. Once you create your profile, you will be able to: Estoppel by contract binds a party to the terms of his or her own contract, unless the contract is void, annulled, or set aside in some way. 18); grants Motion to Dismiss of Defendant Lyda Hill (Doc. The elements of judicial estoppel are satisfied here: (1) Hill III and Erin previously admitted that the trust beneficiaries have a power of appointment when it suited Plaintiffs' interests to avoid purchasing a life insurance policy (see supra); (2) Judge O'Connor relied on their prior position in not requiring the purchase of such a policy (see 2020 Action, Doc. Which memorial do you think is a duplicate of Albert Hill (30891234)? Defs.' As Erin Hill does not contest that she lacks standing, the court grants the Rule 12(b)(1) motion to dismiss as to Erin Hill's claims. Defendants and Lyda Hill for lack of subject matter jurisdiction, the court will dismiss their claims pursuant to Federal Rule of Civil Procedure 12(b)(6), as Plaintiffs are estopped under the doctrine of quasi-estoppel (or estoppel by contract) from asserting their claims as set forth in the Complaint. Stated another way, when a court deals with a Rule 12(b)(6) motion, its task is to test the sufficiency of the allegations contained in the pleadings to determine whether they are adequate enough to state a claim upon which relief can be granted. Courts Cheat Sheet; Query Builder; Jurisdiction Selector; Suggestions; Basic Search. 1-2 at 10-11, Art. Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the family's trusts. 877 (May 5, 2010 hearing transcript at 33-34). See 2020 Action, Doc. 18), filed March 3, 2021; Motion to Dismiss and Supporting Brief of Defendant Lyda Hill (Doc. Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2; and (3) appealing the October 11, 2018 Order Admitting Will to Probate and Authorizing Letters Testamentary issued by Judge Ingrid M. Warren in Probate Court No. Albert Galatyn Hill Sr. (1904-1988) married Margaret Hunt, a daughter of H.L. Trusts, and the Waiver of Standing provision in the GSA and Final Judgment, therefore, bars him from seeking relief in this court with respect to the trusts at issue. 6. See, e.g., Baton Rouge Building & Constr. R. Civ. This case was filed in Dallas County Texas Courts, Dallas County Probate Court located in Dallas, Texas. 2004) (citation omitted). The 1935 Trust Instruments provide that it is the desire and purpose of said H. L. Hunt and Lyda Hunt to create an irrevocable trust, and both provide, among other things, that during the lifetime of the beneficiary, only the annual income could be distributed to the beneficiary requiring that the corpus remain intact and undisturbed until twenty-one years after the death of the named beneficiary, at which time the trust would terminate and the corpus of the trust would be distributed to the beneficiary's descendants per stirpes. The court agrees. $266.00, Financial info for MILLER, TYREE B. : Transaction Assessment; ; $266.00, Financial: MILLER, TYREE B. ; Total Financial Assessment $590.00 ; Total Payments and Credits $590.00, APPLICATION; Comment: APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY. The [f]actual allegations of [a complaint] must be enough to raise a right to relief above the speculative level . I. Appellate Briefs . 2020 Action, Doc. Thus, unlike a Rule 12(b)(6) motion to dismiss for failure to state a claim, the district court is entitled to consider disputed facts as well as undisputed facts in the record and make findings of fact related to the jurisdictional issue. In accordance with Federal Rule of Civil Procedure 58(a), the court will issue a final judgment in favor of Defendants by a separate document. Accordingly, the court declines to allow Plaintiffs to amend their pleadings, and their claims will be dismissed with prejudice. As the court has granted dismissal under Rule 12(b)(1), it need not consider the remaining arguments in support of the pending motions to dismiss. Albert Gallatin Hill from tree Polasek Kennedy Wakefield Crawford Family Tree 2969 People 11 Records 14 Sources Albert Gallatin Hill found in Albert Gallatin Hill from tree Parrish Family Tree (Private) Birth xx xxx 1832 McNairy, Tennessee, USA No publicly available family members 738 People 6 Records 14 Sources Contact Tree Owner NOTICE - CHANGE OF ADDRESS; Comment: NOTICE OF ADDRESS CHANGE OF BOURLAND, WALL & WENZEL, P.C. add relationship edit flag. In December 2007, Hill III brought a lawsuit in Texas state court in his individual capacity and on behalf of the MHTE and HHTE against specific beneficiaries of the MHTE and HHTE, including his father (Hill Jr.), Hill Jr.'s siblings, and the trustees and members of the advisory boards of the MHTE and HHTE. The effect of the 2005 Disclaimer is that Hill Jr.'s disclaimed interest passed to Hill III, Washburne, and Summers after Margaret Hunt Hill's death. 2020 Action, Doc. A string of three losses over the past three months have ended with orders for litigious Texas oil and gas heir Albert G. Hill III to pay attorney fees to winning defendants at whom he lobbed. 1986) (affirming district court's dismissal with prejudice based on lack of standing); Westfall v. Miller, 77 F.3d 868, 871 (5th Cir. Growing Mineola firm with national practice seeks associate (with 3-6 years experience) to handle complex general liability matters.Competit CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! Things got ugly and complicated as family conflicts are wont to do. Hunt family, estimated to be worth in excess of $1 billion. Hill III appealed the Final Judgment challenging, among other things, the addition of provisions that were not part of the GSA. On May 13, 2010, the parties entered into the GSA (Doc. Likewise, Erin Hill favored the asset protection trust alternative alone rather than coupling that approach with the purchase of a life insurance policy with their children as beneficiaries, objecting that Hill III essentially would lose his independent appointment power and he would have to pay to assure that loss, making him the only trust beneficiary paying for the right to forgo a power. At that point, Hill III agreed not to contest the last will and testament of his father, Albert Hill Jr., in return for a nine-figure payment. Likewise, [d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to [the plaintiff's] claims. Eckland Consultants, Inc. v. Ryder, Stilwell Inc., 176 S.W.3d 80, 87 (Tex. The Hill Jr. Co. v. City of Mont Belvieu, Tex., 611 F.3d 289, 298 (5th Cir. illustration by Steve BrodnerTom Hunt sits at an executive desk downtown at Hunt Petroleum Corporation, on the 49th floor of Thanksgiving Tower, studying a thick stack of paper that has his lawyer worried. 28. See, e.g., Cutrera v. Board of Sup'rs of Louisiana State Univ., 429 F.3d 108, 113 (5th Cir. 6. I. Foman v. Davis, 371 U.S. 178, 182 (1962); Norman v. Apache Corp., 19 F.3d 1017, 1021 (5th Cir. and the court's rulings. Among other thigs, the Hill Jr. Mar. Estoppel by contract precludes a party to a valid instrument from denying the truth of the recitals in the instrument. For these reasons, in the alternative to dismissing Plaintiffs' claims against Lyda Hill for lack of subject matter jurisdiction, the court will dismiss their claims pursuant to Federal Rule of Civil Procedure 12(b)(6), as Plaintiffs are judicially estopped from asserting their claims herein against Lyda Hill. See generally Hill v. Schilling, 495 Fed.Appx. Enjoy unlimited access to all of our incredible journalism, in print and digital. LexisNexis and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. There are instances, however, when a dismissal for lack of standing may be with prejudice. v. National Collegiate Athletic Ass'n, 751 F.3d 368, 378 (5th Cir. He says he simply wants to know. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. In this regard, a document that is part of the record but not referred to in a plaintiff's complaint and not attached to a motion to dismiss may not be considered by the court in ruling on a 12(b)(6) motion. In this latest iteration, Plaintiffs assert claims against the Estate of Albert G. Hill, Jr.; Margaret Keliher (Keliher), individually and as Executor of the Estate of Albert G. Hill, Jr.; Tyree Miller (Miller), individually and as Trustee of The Albert G. Hill, Jr. Family Trust; Chester J. The Hill Jr. (quoting Venture Assocs. ' Id. is candy a common or proper noun; Tags . Freeze-Related Lease Litigation: The Growing Storm in the Oil Patch, Consequential and Direct Damages in Spotlight Amid Energy Firms' Insurance Spat, 'Choppiness' in Demand Led to 2% Drop in Revenue at Locke Lord in 2022, New Phase of EPA's Renewable Fuel Standard Program: Updated Targets for 2023 - 2025 and New Credit System for EVs, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. The court does not evaluate the plaintiff's likelihood of success; instead, it only determines whether the plaintiff has pleaded a legally cognizable claim. As the court will not consider any other documents in ruling on the pending Rule 12(b)(6) motions, the court denies Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. Although Defendants do not specify, the court concludes this case primarily concerns injury in fact, the [f]irst and foremost of standing's three elements. 2015), the Fifth Circuit stated, [W]e have not hesitated to apply judicial estoppel to dismiss claims under Rules 12(b)(6) or 12(c) while affirming dismissal of claims based on judicial estoppel. . One form of quasi-estoppel, estoppel by contract, is based on the idea that a party to a contract cannot, to the prejudice of another, take a position inconsistent with the contract's provisions. YouTube Encyclopedic. . Accueil; Services; Ralisations; Annie Moussin; Mdias; 514-569-8476 Updated: June 20, 2015 Albert Galatyn Hill JrAlbert Hill(born 1945) Jump to: BiographyFamily Photos As part of the Final Judgment, the court, incorporating the No. (quotation marks, citations, and footnote omitted). The law of Article III standing, which is built on separation-of-powers principles, serves to prevent the judicial process from being used to usurp the powers of the political branches. Clapper v. Amnesty Int'l USA, 568 U.S. 398, 408 (2013). Hill Jr. For the reasons that follow, the court will deny Plaintiffs' request. 2020 Action, Doc. In ruling on such a motion, the court cannot look beyond the pleadings. Trusts will not inure to Plaintiffs' benefit. The plausibility standard is not akin to a probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted). In her reply brief, Lyda Hill asserts that, in ruling on her motion to dismiss, the court is entitled to consider its own prior rulings on Plaintiffs' numerous baseless post-judgment filings. Lyda Hill's Reply 2 note 1, Doc. 2022-12-28, Tarrant County Courts | Probate | To establish injury in fact, a plaintiff must show that he or she suffered an invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical. Lujan, 504 U.S. at 560. 2020 Action, Doc. (citations omitted). Defendants, in their reply, maintain the court should deny Plaintiffs' Rule 12(f) motion to strike for the following three reasons: (i) the filing at issue is a motion, not a pleading; (ii) the Motion relates to the controversy before the Court as it specifically addresses Plaintiffs' claims; and (iii) Plaintiffs fail to note any specific language in the Motion they contend satisfies Rule 12(f)'s high standard to strike. Hill Jr. Powell v. McCormack, 395 U.S. 486, 496 (1969). https://www.law.com/texaslawyer/2020/02/05/left-nothing-by-tycoon-father-albert-hill-is-now-on-the-hook-for-hefty-attorney-fees/. The CEO of Hunt Investment Holdings on his under-the-radar favorite restaurant and why he is learning Turkish. They assert that Defendants, following the December 2, 2017 death of Hill III's father, Albert G. Hill, Jr. (Hill Jr.), have breached their duties owed to Plaintiffs in the GSA and Final Judgment by terminating and dissolving these trusts in 2016, rather than allowing them to terminate twenty-one years after the deaths of their initial beneficiaries. Lyda Hill's Reply 6, Doc. 999 at 20, 8.i; Doc. Albert Galatyn Hill, Sr. Children: 3, including Lyda Hill: Parent(s) H. L. Hunt and Lyda Bunker: Margaret Hunt Hill (1915-2007) was an American heiress and philanthropist. First, given the unique procedural history of this matter, which concluded in 2010 when Judge O'Connor issued the Final Judgment, the court can only conclude that Plaintiffs are proceeding in bad faith and allowing further amendment would be unduly prejudicial to Defendants, who have had to respond to these same contentions in multiple fora over a period of several years. Freezia v. IS Storage Venture, LLC, 474 S.W.3d 379, 387-88 (Tex. The siblings have been embroiled in litigation since 2007 over disputes about trusts formed by their great-grandfather, Texas oil baron H.L. ALBERT G. HILL, III and ERIN NANCE HILL, Plaintiffs, v. THE ESTATE OF ALBERT G. HILL JR.; MARGARET KELIHER; TYREE B. MILLER; LYDA HILL; HEATHER HILL WASHBURNE; ELISA HILL SUMMERS; CHESTER J. DONNALLY, JR.; THE ESTATE OF IVAN IRWIN JR.; CAROL E. ERWIN; and THOMAS P. TATHAM, Defendants. Collins, 224 F.3d at 498-99. The Judges overseeing this case are WARREN, INGRID and MONROE, LINCOLN. Further, it is well-established and clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record. On December 7, 2017, an Application for Probate of Will and Issuance of Letters Testamentary was filed in the Estate of Albert Galatyn Hill, Jr., Deceased, in Cause No. App.-Houston [1st Dist.] 2004); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. Trinity LLC is the general. Although Rule 12(f) authorizes the court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter, Rule 7(a) identifies the pleadings subject to being stricken under Rule 12(f): (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer. Id. Learn more about merges . It is clear that Plaintiffs seek to benefit from Hassie having exercised the same power of appointment they now argue that Hill Jr. did not possess when he exercised his power of appointment in his 2014 Will. 1991, no writ). 2020). But when Daddy died, Hill III immediately challenged the will in probate court, ultimately forcing the Fifth Circuit to weigh in on the settlement five different times.