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CAUSE No. 153-232668-08
VIRGINIA 0. KINSEL, as Attorney-in-Fact for § IN THE DISTRICT COURT
J. FRANK KINSEL, §
J. FRANK KINSEL, JR., Individually, §
CAROLE K. EDWARDS, Individually, and §
CATHERINE K. COLLINS, Individually, §
§
Plaintiffs, §
§
vs. §
§
JANE 0. LINDSEY, Individually and as §
Co-Trustee of the Lesey B. Kinsel Trust, §
ROBERTN. OLIVER, §
FUNCHESS, MILLS, WHITE, & Co., acting by and §
through its shareholder, TERRY S. WHIDDON, §
or any subsequent shareholder as designated §
by the shareholders of FUNCHESS, MILLS, WHITE, §
& Co., as Successor Co-Trustee of the Lesey B. §
Kinsel Trust, and §
TERRY S. WHIDDON, as Successor Co-Trustee §
of the Lesey B. Kinsel Trust, §
§
Defendants. § 153rd JUDICIAL DISTRICT
PLAINTIFF'S SUPPLEMENT TO PLAINTIFFS' RESPONSE TO THE PLEA IN ABATEMENT FILED BY
DEFENDANT JANE 0. LINDSEY, INDIVIDUALLY AND AS Co-TRUSTEE OF THE LESEY B. KINSEL
TRUST
TO THE HONORABLE COURT:
Plaintiffs Virginia 0. Kinsel -- as Attorney-in-Fact for J. Frank Kinsel -- J.Frank Kinsel,
Jr. -- Individually -- Carole K. Edwards -- Individually -- and Catherine K. Collins --
Individually (collectively "Plaintiffs")-- file this Supplement to Plaintiffs Response to the Plea
in Abatement filed by Defendant Jane 0. Lindsey, Individually and as Co-Trustee of the Lesey
B. Kinsel Trust Agreement ("Plea in Abatement").
PLAINTIFF'S SUPPLEMENT TO PLAINTIFF'S RESPONSE TO THE PLEA IN ABATEMENT fiLED BY DEFENDANT JANE 0.
LINDSEY, INDIVIDUALLY AND AS CO-TRUSTEE OF THE LESEYB. KINSEL TRUST PAGE 1 OF 3
Plaintiffs delete paragraph II of Plaintiffs' Response to the Plea in Abatement filed by
defendant Jane 0. Lindsey, Individually and as Co-Trustee of the Lesey B. Kinsel Trust and
substitute the following paragraph II:
The only relief that Plaintiffs are requesting with regard to the sale
of the Kinsel Ranch is that the Court (1) enter a declaratory
judgment that Lesey did not have the requisite capacity to mark on
documents conveying the Kinsel Ranch or, alternatively, that
Defendants Lindsey and Oliver unduly influenced Lesey to mark on
such documents, (2) place a constructive trust on the proceeds and
income that Lesey's Trust received from the sale of the Kinsel Ranch
and alloil and gas income and bonus the Trust received (3) enter a
declaratory judgment that allof the proceeds and income from the
sale of the Kinsel Ranch and all bonuses and oil and gas income, be
distributed to Plaintiffs.
Plaintiffs respectfully request the Court to deny Defendant Lindsey's Plea
in Abatement. Plaintiffs request all further relief, at law or in equity, to which
they may show themselves justly entitled.
Respectfully submitted,
d
J.L}'ndell
Texas State
B. 'Dan Berryman
Texas State Bar No. 00793338
Kelly B. Gibbons
Texas State Bar No. 24055548
Ana I. Forcum
Texas State Bar No. 2406I267
Kirkley & Berryman, L.L.P.
100 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76I02
Telephone: 8I7.335.3311
Facsimile: 817.335.7733
ATTORNEYS FOR PLAINTIFFS
PLAINTIFF'S SUPPLEMENT TO PLAINTIFF'S RESPONSE TO THE PLEA IN ABATEMENT FILED BY DEFENDANT JANE 0.
LINDSEY, INDIVIDUALLY AND AS Co-TRUSTEE OF THE LESEY 8. KINSEL TRUST PAGE 2 OF 3
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above instrument is being served
according to the Texas Rules of Civil Procedure on the 2tt-~Y of March, 2010, on all counsel of
record in this case, as follows:
Via Hand-Delivery
Mr. William R. Jenkins, Jr.
JACKSON WALKER, L.L.P.
301 Commerce Street, Suite 2400
Fort Worth, Texas 76102
Via Certified Mail, Return Receipt Requested
Mr. Scott C. Kinsel
LAW OFFICES OF SCOTT C. KINSEL, P.C.
1609 Shoal Creek Blvd., Suite 100
Austin, Texas 78701
PLAINTIFF'S SUPPLEMENT TO PLAINTIFF'S RESPONSE TO THE PLEA IN ABATEMENT FILED BY DEFENDANT JANE 0.
LINDSEY, INDIVIDUALLY AND AS CO-TRUSTEE OF THE LESEY B. KINSEL TRUST PAGE 3 OF 3
KIRKLEY & BERRYMAN, L.L.P.
100 N. FOREST PARK BLVD., SUITE 220
FORT WORTH, TEXAS 76102
J. Lyndell Kirkley Kelly B.Gibbons
kirkley@kbblawyers.com TELEPHONE: 817.335.3311 kellybgibbons@kbbla...yers.com
B. Dan Berryman FACSIMILE: 817.335.7733 Sem.RI..oorey
berryman@kbbfa.,.yers.com slooney@kbbla>
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CAUSE No. 153-232668-08 VIRGINIA 0. KINSEL, as Attorney-in-Fact for § IN THE DISTRICT COURT J. FRANK KINSEL, § J. FRANK KINSEL, JR., Individually, § CAROLE K. EDWARDS, Individually, and § CATHERINE K. COLLINS, Individually, § § Plaintiffs, § § vs. § § JANE 0. LINDSEY, Individually and as § Co-Trustee of the Lesey B. Kinsel Trust, § ROBERTN. OLIVER, § FUNCHESS, MILLS, WHITE, & Co., acting by and § through its shareholder, TERRY S. WHIDDON, § or any subsequent shareholder as designated § by the shareholders of FUNCHESS, MILLS, WHITE, § & Co., as Successor Co-Trustee of the Lesey B. § Kinsel Trust, and § TERRY S. WHIDDON, as Successor Co-Trustee § of the Lesey B. Kinsel Trust, § § Defendants. § 153rd JUDICIAL DISTRICT PLAINTIFF'S SUPPLEMENT TO PLAINTIFFS' RESPONSE TO THE PLEA IN ABATEMENT FILED BY DEFENDANT JANE 0. LINDSEY, INDIVIDUALLY AND AS Co-TRUSTEE OF THE LESEY B. KINSEL TRUST TO THE HONORABLE COURT: Plaintiffs Virginia 0. Kinsel -- as Attorney-in-Fact for J. Frank Kinsel -- J.Frank Kinsel, Jr. -- Individually -- Carole K. Edwards -- Individually -- and Catherine K. Collins -- Individually (collectively "Plaintiffs")-- file this Supplement to Plaintiffs Response to the Plea in Abatement filed by Defendant Jane 0. Lindsey, Individually and as Co-Trustee of the Lesey B. Kinsel Trust Agreement ("Plea in Abatement"). PLAINTIFF'S SUPPLEMENT TO PLAINTIFF'S RESPONSE TO THE PLEA IN ABATEMENT fiLED BY DEFENDANT JANE 0. LINDSEY, INDIVIDUALLY AND AS CO-TRUSTEE OF THE LESEYB. KINSEL TRUST PAGE 1 OF 3 Plaintiffs delete paragraph II of Plaintiffs' Response to the Plea in Abatement filed by defendant Jane 0. Lindsey, Individually and as Co-Trustee of the Lesey B. Kinsel Trust and substitute the following paragraph II: The only relief that Plaintiffs are requesting with regard to the sale of the Kinsel Ranch is that the Court (1) enter a declaratory judgment that Lesey did not have the requisite capacity to mark on documents conveying the Kinsel Ranch or, alternatively, that Defendants Lindsey and Oliver unduly influenced Lesey to mark on such documents, (2) place a constructive trust on the proceeds and income that Lesey's Trust received from the sale of the Kinsel Ranch and alloil and gas income and bonus the Trust received (3) enter a declaratory judgment that allof the proceeds and income from the sale of the Kinsel Ranch and all bonuses and oil and gas income, be distributed to Plaintiffs. Plaintiffs respectfully request the Court to deny Defendant Lindsey's Plea in Abatement. Plaintiffs request all further relief, at law or in equity, to which they may show themselves justly entitled. Respectfully submitted, d J.L}'ndell Texas State B. 'Dan Berryman Texas State Bar No. 00793338 Kelly B. Gibbons Texas State Bar No. 24055548 Ana I. Forcum Texas State Bar No. 2406I267 Kirkley & Berryman, L.L.P. 100 N. Forest Park Blvd., Suite 220 Fort Worth, Texas 76I02 Telephone: 8I7.335.3311 Facsimile: 817.335.7733 ATTORNEYS FOR PLAINTIFFS PLAINTIFF'S SUPPLEMENT TO PLAINTIFF'S RESPONSE TO THE PLEA IN ABATEMENT FILED BY DEFENDANT JANE 0. LINDSEY, INDIVIDUALLY AND AS Co-TRUSTEE OF THE LESEY 8. KINSEL TRUST PAGE 2 OF 3 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above instrument is being served according to the Texas Rules of Civil Procedure on the 2tt-~Y of March, 2010, on all counsel of record in this case, as follows: Via Hand-Delivery Mr. William R. Jenkins, Jr. JACKSON WALKER, L.L.P. 301 Commerce Street, Suite 2400 Fort Worth, Texas 76102 Via Certified Mail, Return Receipt Requested Mr. Scott C. Kinsel LAW OFFICES OF SCOTT C. KINSEL, P.C. 1609 Shoal Creek Blvd., Suite 100 Austin, Texas 78701 PLAINTIFF'S SUPPLEMENT TO PLAINTIFF'S RESPONSE TO THE PLEA IN ABATEMENT FILED BY DEFENDANT JANE 0. LINDSEY, INDIVIDUALLY AND AS CO-TRUSTEE OF THE LESEY B. KINSEL TRUST PAGE 3 OF 3 KIRKLEY & BERRYMAN, L.L.P. 100 N. FOREST PARK BLVD., SUITE 220 FORT WORTH, TEXAS 76102 J. Lyndell Kirkley Kelly B.Gibbons kirkley@kbblawyers.com TELEPHONE: 817.335.3311 kellybgibbons@kbbla...yers.com B. Dan Berryman FACSIMILE: 817.335.7733 Sem.RI..oorey berryman@kbbfa.,.yers.com slooney@kbbla>