Preview
LI
CAUSE NO. 153-232668-08
VIRGINIA 0. KINSEL, et.al., § IN THE DISTRICT COURT OF
§
Plaintiffs, §
§
v, § TARRANTCOUNTY,TEXAS
§
§
JANE 0. LINDSEY, et. al. § .
§
Defendants. § 153 rd JUDICIAL DISTRICT
APPENDIX I~ -·,
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DEPOSITIONS r-0
ORIGINAL
I 1
CAROLE EDWARDS - 11 /1 ~U11
Page 3
CAUSE NO.
153-232668-08 1 APPEARANCES (cont.)
VIRGINIA 0.
KINSEL,ET AL. X IN THE DISTRICT COURT
X
2
Plaintiffs, X 3 THE VIDEOGRAPHER:
X Mr. Steve Rios
X Whitehorse Media
X
VS X TARRANT COUNTY,
TEXAS Phone: (214) 394-0259
X 5
X 6 ALSO PRESENT:
X
JANE 0.LINDSEY,ET AL. X Mr. Norman Foster Edwards
X 7 Ms. Virginia Kinsel
8 Defendants. X 153RD JUDICIAL
DISTRICT Mr. J. Frank Kinsel
9
10 Ms. Jane Lindsey
ORAL AND VIDEOTAPED DEPOSITION Mr. Robert Oliver
11 OF 9
CAROLE EDWARDS
12
10
NOVEMBER 17,
2011 11
13 12
** *** * * * * * * * * * * * * * * ******* * * * *
14 13
15 ORAL AND VIDEOTAPED
DEPOSITION OF CAROLE
16 EDWARDS,produced as a witness at
theinstance of the 14
17 Defendants,
and duly sworn,
wastakenin the 15
18 above-styled and numbered cause on November 17,
2011, 16
19 from11:04a,m. to 5:01 p.m.,
before Terri Nelson,
CSR
20 in and for the
State of Texas,
reported by computerized- 17
21 machineshorthand,
at the offices of Cantey Hanger,
LLP, 18
22 600West Sixth Street,
Suite 300,inthe City of 19
23 Fort Worth,
County of Tarrant,
and State of Texas,
20
24 pursuanttothe TexasRulesof Civil
Procedure and
the
25 provisions
stated on the
record or attached hereto. 21
22
23
24
25
Page 2 Page 4
1 A P P E A R A N C E S 1 I N D E X
2 2
3 ATTORNEYS FORPLAINTIFFSVIRGINIA 0. KINSEL,as 3 WITNESS:CAROLE EDWARDS PAGE
4 Examination by Mr.
Kirkman.....................
7
Attorney-in-Factfor J. FRANK KINSEL,CAROLE K. 5 Examination by Mr.
Gree11haw . . . . . . . . . . . . . . . . . . . . 164
EDWARDS, CATHERINEK. COLLINS,AND INTERVENORJOE 6
BOB KINSEL,JR.: 7 Changes and Signature page . . . . . . . . . . . . . . . . . . . . . . . . .
174
5 Mr. J.Lyndell Kirkley 8 Reporter's Certification . . . . . . . . . . . . . . . . . . . . . . . . . . .
176
-and - 9 Further Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
179
Mr. Sean R.Looney 10
KIRKLEY& BERRYMAN, LLP 11
12
100 NorthForest Park 13
Suite220 14
FortWorth, Texas 76102 15
Phone: (817)335-3311 16
Fax: (817)335-7733 17
E-mail: kirkley@kbblawyers.com 18
10 E-mail: slooney@kbblawyers.com 19
11 20
21
12 ATTORNEY FORDEFENDANTS JANE0. LINDSEY AND 22
ROBERT N.OLIVER: 23
13 Mr.William L. Kirkman 24
-and - 25
14 Ms.Suzanna Johnson
BOURLAND& KIRKMAN,LLP
15 201 Main Street
Suite 1400
16 Fort Worth,Texas 76102
Phone: 817-336-2800
17 Fax: 817-877-1863
E-mail: billk@bourlandkirkman.com
18
19
ATTORNEY FOR DEFENDANTS M.
KEITH BRANYON AND
20 JACKSON WALKER,LLP:
Mr. FrankP. Greenhaw,IV
21 KELLYHART & HALLMAN,LLP
201 Main Street
22 Suite2500
FortWorth, Texas 76012
23 Phone: (817)878-3576
Fax: (817)878-9776
24 E-mail: pete.greenhaw@khh.com
25
1 (Pages 1 to 4)
NELSON REPORTING, INC.
Phone: 214.505.9396 * Fax: 972.745-1696
CAROLE EDWARDS 11/17)%11
Page 5 Page 7
1 EXHIBITS 1 PROCEEDINGS
2 NUMBER DESCRIPTION PAGE
3 163 E-mail correspondence dated 2/12/08 2 THE VIDEOGRAPHER: We're on the record a
between Carole Edwards and Jeff Kinsel; 3 11 :04 a.m., November 17th, 2011, in the deposition of
4 C. Edwards 0011 through 0012... .......... 66
5 164 E-mail correspondence dated 2/19/08 4 Carole Edwards.
between Carole Edwards and Jeff Kinsel; 5 CAROLE EDWARDS,
6 C. Edwards 0050.......................... 78
7 165 E-mail correspondence dated 2/19/08 6 having been first duly sworn, testified as follows:
between Carole Edwards, Jeff Kinsel 7 EXAMINATION
8 and Virginia Kinsel; J. Kinsel, JR 0077. 81
9 166 E-mail correspondence dated 2/21/08 8 BY MR. KIRKMAN:
between Jeff Kinsel and Paul Prince; 9 Q. You are Carole Edwards?
10 V. Kinsel 1031........................... 85
11 167 E-mail correspondence dated 2/21/08 10 A. Yes, lam.
between Carole Edwards and Catherine
11 Q. Ms. Edwards, have you ever been deposed before?
12 Collins; C. Edwards 0057 ................. 87
13 12 A. No.
168 E-mail dated 2/26/08 from Carole Edwards
14 to Jeff Kinsel... ........................ 95
13 Q. You have sat through a number of depositions
15 14 now, haven't you?
169 E-mail dated 3/1/08 to Virginia Kinsel
16 from Carole Edwards, with attachment;
15 A. Yes.
C. Edwards 0056 through 0060 ............. 100 16 Q. So you sort of understand how it goes?
17
170 E-mail dated 3/2/08 to Jeff Kinsel,
17 A. I believe so.
18 Robin Kinsel, and Virginia Kinsel 18 Q. You understand that you've raised your right
from Carole Edwards, with attachment;
19 C. Edwards 00561 through 0066 ............ 109 19 hand and sworn to tell the truth?
20 171 E-mail correspondence dated 2/6/08 20 A. Yes, I do.
between Carole Edwards and Robin Kinsel;
21 C. Edwards 0067 through 0070 ............. 116 21 Q. And you understand that it is your obligation
22 172 Real Estate Issues Regarding the 22 to tell the whole truth?
Urbanczyk Sales Contract for the EA
23 Kinsel Ranch, Revised March 29, 2008 23 A. Absolutely.
(12:30 PM), Confidential; 24 Q. And do you intend to do that today?
24 C. Edwards 0077 through 0078 ............. 125
25 25 A. Absolutely.
Page 6 Page 8
1 EXHIBITS 1 Q. If there's a question that I ask you that you
2 NUMBER DESCRIPTION PAGE
3 173 E-mail correspondence dated 4/10/08
2 don't understand, will you ask me to repeat it?
between Carole Edwards, Keith Branyon 3 A. Yes.
4 and others; J. Kinsel, JR 0289 ........... 125
5 174 Real Estate Issues Regarding the
4 Q. And the reason I'm doing that, Ms. Edwards, is
Urbanczyk Sales Contract for the EA 5 because when the deposition is completed, there'll be a
6 Kinsel Ranch, Revised April 10, 2008, 6 transcript made of your testimony.
Do you understand
Confidential;
7 KINSEL 0407 through 0409 ................. 134 7 that?
8 175 E-mail dated 4/11/08 to Keith Branyon 8 A. Yes.
from Carole Edwards; KINSEL2337 ......... 139
9 9 Q. It's very important that when the lawyers
176 E-mail correspondence dated 4/14/08 10 review the transcript that they understand that you
10 between Catherine Collins and Keith
11 understood the question before you answered it.
Branyon; KINSEL 2342 through 2343 ........ 139
11 12 A. Okay.
177 E-mail correspondence dated 3/20/08 13 Q. Where were you born?
12 between Carole Edwards and Robin Kinsel;
C. Edwards 0076 .......................... 141 14 A. I was born in Austin, Texas.
13 15 Q. All right.
And are you currently married to
178 E-mail dated 6/27/08 to Keith Branyon
14 from Carole Edwards; KINSEL2687 ......... 146 16 Foster?
15 179 E-mail correspondence dated 4/11/08 17 A. Yes.
between Keith Branyon and Carole Edwards;
16 KINSEL2689 through 2690 ................. 147
18 Q. And you lived in Corpus for some time?
17 180 Letter dated 2/19/08 to J. Frank Kinsel 19 A. For some time, uh-huh.
from Keith Branyon; 20 Q. All right.
And tell me who your -- your
18 KINSEL0175through0176 ................. 162
19 21 parents, tell me about your parents; what were their
20 22 names. And tell me a little bit about your father and
21
22 23 then, of course, your mother.
23 24 A. Well, my parents are J. Frank and Virginia
24
25
25 Kinsel.My dad, you probably know, recently passed away
2 (Pages 5 to 8)
NELSON REPORTING, INC.
Phone: 214.505.9396 * Fax: 972.745-1696
CAROLE EDWARDS - 11/17)%11
Page 9 Page 11
1 on October the 19th.
And I don't know what you want tc 1 A. His name is John Timothy Timm, T-1-M-M.
2 know about them. My dad was an attorney. 2 Q. And as I understand from your husband's
3 Q. Where were your mother and father living when 3 testimony, you had some children by Mr. Timm?
4 your father passed away? 4 A. Dr. Timm, yes.
5 A. My parents were living in Corpus Christi. 5 Q. All right.
And he was -
what kind of doctor
6 Q. And how long had they been living in Corpus 6 was Dr. Timm?
7 before your dad died? 7 A. He was a dentist.
8 A. I believe, since December 23rd, 2007. 8 Q. And tell me again the names of your children
9 Q. And prior to December 23rd of 2007, where did 9 that you had with Dr. Timm.
10 your mom and dad live? 1O A. Heather Diane Timm, who's now Heather Pool, and
11 A. They lived in Fort Worth. 11 Courtney Leigh Timm, who's now Courtney Leigh Schumache
12 Q. And how long did they live in Fort Worth? 12 (phonetic).
13 A. I believe they moved there in 2006, so a year 13 Q. Where does Heather live now?
14 and a half, a year.
I'm not sure. 14 A. Heather lives in Denver.
15 Q. Do you remember when in 2006 they moved to 15 Q. That's right.
And Courtney lives in?
16 Fort Worth? 16 A. InAustin.
17 A. I haven't
I think, maybe February or March. 17 Q. Did you know EA Kinsel?
18 reviewed those dates. 18 A. Yes, I did.
19 Q. And when they lived in Fort Worth, where did 19 Q. And do you remember when EA Kinsel passed?
20 they live? 20 A. I believe it was 1979.
21 A. They lived at Broadway Plaza. 21 Q. And did you know or had you ever met EA
22 Q. And prior to February or March of 2006, where 22 Kinsel's first wife, who I understand is Llnnie -
23 did your mom and dad live? 23 lA-N-N-1-E -- P. Kinsel?
24 A. In Houston. 24 A. Yes.
25 Q. Do you remember where in Houston, their 25 Q. Do you know how long they were married?
Page 10 Page 12
1 address? 1 A. Idonot.
2 A. I do.10 South Briar Hollow, Apartment 57. 2 Q. And as I understand it, EA Kinsel and Linnie P.
3 Q. How long did they live there? 3 Kinsel divorced?
4 A. A long time.
Probably maybe 20 years.
I'm not 4 A. That's my understanding.
5 sure. 5 Q. And then EA Kinsel married Lesey Kinsel?
6 Q. Where were you raised? 6 A. Yes.
7 A. I was raised a lot of places.
Of course, I was 7 Q. Do you know when EA and Lesey were married?
8 born in Austin.
Lived for a while -- I believe I lived 8 A. I don't.
9 for a while in Beaumont.
I was very young.
And then 9 Q. Can you tell me the children of EA and
10 Houston; Rye, New York; Bogota Columbia, Caracas, 10 Linnie P. Kinsel?
11 Venezuela; Chappaqua -- no, yeah, Chappaqua, New York;
11 A. Yes. They are Beaver, Joe Bob, Maxine, and my
12 and then Brussels, Belgium. 12 dad, J. Frank.
I think that's everybody.
13 Q. Okay. And did you go -- where did you go to 13 Q. Who is Alex?
14 from Brussels? 14 A. Oh, and Alex.Alex. Sorry. Uncle Alex, yeah.
15 A. I went to college in Dallas. 15 Q. Of course your father is -- was J. Frank?
16 Q. And where? 16 A. Yes.
17 A. SMU. 17 Q. As I understand it from your husband's
18 Q. All right.
And what year did you graduate from 18 testimony, Beaver was killed in World War II.
Is that
19 SMU? 19 correct?
20 A. I graduated in December of '72. 20 A. Hewas.
21 Q. And what did you do after you graduated from 21 Q. Alex Kinsel.Who is -- who is Alex Kinsel?
22 SMU? 22 A. He's my uncle.I don't know ifhe was the
23 A. I moved to Corpus Christi and actually got 23 oldest or not.
24 married to my first husband in April of '73. 24 Q. Still living?
25 Q. And what was his name?What is his name? 25 A. No.
3 (Pages 9 to 12)
NELSON REPORTING, INC.
Phone: 214.505.9396 * Fax: 972.745-1696
CAROLE EDWARDS - 11/17)%11
Page 13 Page 15
1 Q. And when did he die? 1 A. Yes.
2 A. Don't know. 2 Q. And you have a brother named Bill as well?
3 Q. Do you know where he was living when he died? 3 A. Correct.
4 A. I believe he was living in San Antonio. 4 Q. And as I understand it, his given name is
5 Q. Joe Bob, Sr., as I understand, is deceased? 5 William?
6 A. Correct. 6 A. William Ashley Kinsel.
7 Q. And do you remember when he passed? 7 Q. A-S-H-L-E-Y?
8 A. I don't know the year.
It's been in the 8 A. A-S-H-L-E-Y, uh-huh, like my grandfather.
9 last -- I think it's been in the last six or seven 9 Q. And who is the oldest of the kids?
10 years, but I'm not positive. 10 A. Jeff.
11 Q. And where was he living when he passed? 11 Q. And who's number two?
12 A. He was living in Beaumont. 12 A. Me.
13 Q. And Maxine Kinsel. Is Maxine Kinsel currently 13 Q. So Bill was your younger brother?
14 alive? 14 A. Uh-huh. Yes. I'm sorry.
15 A. No. 15 Q. And where does he live currently?
16 Q. And when did she pass? 16 A. His home is in Marion, Texas, which is outside
17 A. Before that.
But I'm not sure.
I don't know 17 of San Antonio.
18 the year that she passed. 18 Q. M-A-R-I-0-N?
19 Q. Okay. Did Beaver Kinsel have children? 19 A. M-A-R-I-0-N, uh-huh.
2O A. Not that I know of. 20 Q. And Bill is married to Misti?
21 Q. Alex Kinsel.Did Alex Kinsel have children? 21 A. Correct.
22 A. Yes. 22 Q. Does -- do Bill and Misti have children?
23 Q. And who are they? 23 A. They do but not together.
24 A. Oh, gosh. 24 Q. Okay.
25 Q. Pardon? 25 A. It's Bill's second marriage.
Page 14 Page 16
1 A. He has a bunch. He has a bunch of children. 1 Q. What was Bill's first wife's name?
2 Q. Define "a bunch." 2 A. Margaret.
3 A. I think, five. 3 Q. And do you know how long Bill and Margaret wer
4 Q. I've got four.
Is it more than four? 4 married?
5 A. I think it's more than four.
And I'm not -- 5 A. I don't.
6 Q. Okay. 6 Q. And how many children did Bill and Margaret
7 A. I'm not real close to them.
So I remember -- 7 have?
8 and I could be wrong, but Cecilia, Anthony.
I think B A. Three.
9 there was an Alex, and there may have been another 9 Q. And what are their names?
10 couple. 10 A. Pamela. BJ, which I think that's William, Jr.,
11 Q. Okay. Now, Joe Bob, Sr., of course Catherine 11 but he goes by BJ.
And Nicholas, who is also known as
12 Collins and Joe Bob, Jr. are his children? 12 Tuff, T-U-F-F, but...
13 A. Right. True. 13 Q. What does Bill do for a living now?
14 Q. Are there any other children of Joe Bob, Sr.? 14 A. He has changed jobs quite a bit.
What does he
15 A. No. 15 do for a living?
I can't remember, but I know I'll
16 Q. And did Maxine have children? 16 remember in a minute.
17 A. Uh-huh. 17 Oh, I know.He just started driving a bus
18 Q. And what are their names? 18 for Coach America about a month and half or two months
19 A. Their names are Linnie Joe and Paul, and I 19 ago.
20 think she had Beaver. 2O Q. Do you know how old he is currently?
21 Q. And-- 21 A. I do.
22 A. I think she had a Beaver. 22 Q. Howold?
23 Q. Okay. 23 A. 50.
24 A. I'm not sure. 24 Q. 5-0?
25 Q. Jeff is, of course, your brother? 25 A. 5-0. He's ten years younger than I am.
I'm
4 (Pages 13 to 16)
NELSON REPORTING, INC.
Phone: 214.505.9396 * Fax: 972.745-1696
CAROLE EDWARDS - 11/17)%11
Page 17 Page 19
1 embarrassed to say I just turned 60.
He just turned 50. 1 house, and the ranch house is surrounded by a chain-link
2 Q. Well, why are you embarrassed? 2 fence, and the house is two bedrooms, kitchen, living
3 A. Because I don't want to be 60. 3 area, and a great sleeping porch.
4 Q. Well, I'm almost 60, too, so... 4 Q. How many acres are there; do you know?
5 Did you spend some time around your 5 A. I always thought it was about 2500.
6 grandfather, EA Kinsel, prior to his death? 6 Q. Okay. Is there a road that the caliche road
7 A. Yes. 7 enters from?
8 Q. And you are aware that he purchased what has 8 A. Uh-huh.
9 been referred to as the Kinsel ranch? 9 Q. What -- do you know what that is?
1O A. Absolutely. 1O A. It might be 541.
I don't. I just know how to
11 Q. When the ranch was purchased, was he married to
11 get there.
You take the McCoy Poteet exit, go straight
12 Linnie or Lesey? 12 down that road, and you see the entrance to the ranch.
13 A. I believe he was married to Lesey. 13 Q. Did your grandfather run cattle or any animals
14 Q. All right.
And did Lesey and EA Kinsel ever 14 on the place at all?
15 reside on the ranch? 15 A. Hedid.
16 A. I don't believe they were resided full-time at16 Q. What did he run?
17 the ranch.They -- they made quite a few visits to the
17 A. Cattle.
18 ranch. 18 Q. Anything else you remember?
19 Q. But they kept a separate home in Beaumont? 19 A. There was oil on the ranch.
2O A. Beaumont. Uh-huh. 20 Q. Okay.
21 Q. Okay. I assume you spent some time at the 21 A. There were horses on the ranch when I was
22 ranch growing up? 22 young.
23 A. Iilid 23 Q. Okay. I assume Lesey spent some time there on
24 Q. AsdidJeff? 24 the ranch there as well?
25 A. Yes. 25 A. Absolutely.Lesey used to ride horses on the
Page 18 Page 20
1 Q. And Bill? 1 ranch as well.
2 A. Uh-huh. 2 Q. Shedid?
3 Q. I assume that you have spent a great deal of 3 A. Uh-huh.
4 time around Lesey? 4 Q. Was Lesey an active woman before she became
5 A. That's correct. 5 older?
6 Q. Lesey did not formally adopt any of you 6 A. She was pretty active.
She wasn't ever what I
7 children, did she? 7 would call an exercise person or anything like that, but
8 A. She did not. 8 she was pretty active.
9 Q. Okay. 9 Q. Okay.
10 A. I'm actually a grandchild. 1O A. I didn't ever know her when she rode horses on
11 Q. That's right.
A grandchild. She's -- she is 11 the ranch.I just heard that she rode horses on the
12 your-- 12 ranch. So she may have been more active at that point.
13 A. Grandmother. 13 Q. Okay. So at least your memory of Lesey did not
14 Q. -- grandmother. 14 include her riding horses?
15 Did Lesey formally adopt your father; do 15 A. Correct.
16 you know? 16 Q. You are aware that Lesey moved to Fort Worth at
17 A. Not -- no, I don't believe so. 17 some point in time?
18 Q. Did she adopt any of the other Kinsel children?
18 A. Yes.
19 A. I don't believe so. 19 Q. Do you remember when that was?
20 Q. Okay. Tell me about -- generally about the 20 A. I believe she moved in about February of 2005.
21 ranch. How is it configured?Is there a house?
Tell 21 Q. And do you know why she did?
22 me as best as you remember, the last time you were 22 A. Her health was failing.
She was not able to
23 there, how it's set up. 23 keep her house in the shape that she had kept it before.
24 A. Well, there's a caliche road that -- I believe24 She didn't really have people to check on her in
25 it's a mile and a half long -- that goes up to the ranch
25 Beaumont consistently, and I think it was a hard
5 (Pages 17 to 20)
NELSON REPORTING, INC.
Phone: 214.505.9396 * Fax: 972.745-1696
CAROLE EDWARDS - 11/1~11
Page 21 Page 23
1 decision but I think her decision was that she needed to
1 mom and dad moved to Fort Worth?
2 be somewhere that was better for her than the house in2 A. I believe it was February or March of 2006.
3 Beaumont. 3 Q. All right.
And what was your dad's health and
4 Q. How long had she lived in the house in 4 physical condition at the time your dad and mom moved to
5 Beaumont? 5 Fort Worth?
6 A. A long time, but I don't know the year that she 6 A. His physical condition was pretty good.
My dad
7 moved there. 7 had Alzheimer's, and he was to the point where he
8 Q. As long as you can remember? 8 depended on my mom exclusively for making discussions,
9 A. As long as I can remember. 9 helping him know where to go.
He hid it pretty well
10 Q. When she came to Fort Worth, other than Jeff 10 because -- because he did depend on my mom.
But his --
11 and Robin, were there any other Kinsels in Fort Worth at
11 his memory was definitely going downhill.
12 the time she moved in February of '05? 12 Q. At the time -- and my question related to at
13 A. No. 13 the time they came to Fort Worth.
Did you just
14 Q. Okay. And Jane Lindsey lived in Fort Worth at 14 describe --
15 the time? 15 A. That's my memory at the time -- that was one of
16 A. That's my understanding. 16 the reasons they came to Fort Worth.
17 Q. Any other Kinsels in and around Beaumont at the17 Q. Was because your dad's mental condition was
18 time she moved? 18 degenerating?
19 A. There were.Joe Bob and his wife, Jane, were 19 A. Yes.
20 in Beaumont when they moved, and then he has some 2O Q. Okay. Why did -- why was Fort Worth important
21
Preview
LI CAUSE NO. 153-232668-08 VIRGINIA 0. KINSEL, et.al., § IN THE DISTRICT COURT OF § Plaintiffs, § § v, § TARRANTCOUNTY,TEXAS § § JANE 0. LINDSEY, et. al. § . § Defendants. § 153 rd JUDICIAL DISTRICT APPENDIX I~ -·, ._, :.::•-:1 ::_:;;- 1-Y'"'I 171'1 C) V ,::)CJ g:J N DEPOSITIONS r-0 ORIGINAL I 1 CAROLE EDWARDS - 11 /1 ~U11 Page 3 CAUSE NO. 153-232668-08 1 APPEARANCES (cont.) VIRGINIA 0. KINSEL,ET AL. X IN THE DISTRICT COURT X 2 Plaintiffs, X 3 THE VIDEOGRAPHER: X Mr. Steve Rios X Whitehorse Media X VS X TARRANT COUNTY, TEXAS Phone: (214) 394-0259 X 5 X 6 ALSO PRESENT: X JANE 0.LINDSEY,ET AL. X Mr. Norman Foster Edwards X 7 Ms. Virginia Kinsel 8 Defendants. X 153RD JUDICIAL DISTRICT Mr. J. Frank Kinsel 9 10 Ms. Jane Lindsey ORAL AND VIDEOTAPED DEPOSITION Mr. Robert Oliver 11 OF 9 CAROLE EDWARDS 12 10 NOVEMBER 17, 2011 11 13 12 ** *** * * * * * * * * * * * * * * ******* * * * * 14 13 15 ORAL AND VIDEOTAPED DEPOSITION OF CAROLE 16 EDWARDS,produced as a witness at theinstance of the 14 17 Defendants, and duly sworn, wastakenin the 15 18 above-styled and numbered cause on November 17, 2011, 16 19 from11:04a,m. to 5:01 p.m., before Terri Nelson, CSR 20 in and for the State of Texas, reported by computerized- 17 21 machineshorthand, at the offices of Cantey Hanger, LLP, 18 22 600West Sixth Street, Suite 300,inthe City of 19 23 Fort Worth, County of Tarrant, and State of Texas, 20 24 pursuanttothe TexasRulesof Civil Procedure and the 25 provisions stated on the record or attached hereto. 21 22 23 24 25 Page 2 Page 4 1 A P P E A R A N C E S 1 I N D E X 2 2 3 ATTORNEYS FORPLAINTIFFSVIRGINIA 0. KINSEL,as 3 WITNESS:CAROLE EDWARDS PAGE 4 Examination by Mr. Kirkman..................... 7 Attorney-in-Factfor J. FRANK KINSEL,CAROLE K. 5 Examination by Mr. Gree11haw . . . . . . . . . . . . . . . . . . . . 164 EDWARDS, CATHERINEK. COLLINS,AND INTERVENORJOE 6 BOB KINSEL,JR.: 7 Changes and Signature page . . . . . . . . . . . . . . . . . . . . . . . . . 174 5 Mr. J.Lyndell Kirkley 8 Reporter's Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 -and - 9 Further Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Mr. Sean R.Looney 10 KIRKLEY& BERRYMAN, LLP 11 12 100 NorthForest Park 13 Suite220 14 FortWorth, Texas 76102 15 Phone: (817)335-3311 16 Fax: (817)335-7733 17 E-mail: kirkley@kbblawyers.com 18 10 E-mail: slooney@kbblawyers.com 19 11 20 21 12 ATTORNEY FORDEFENDANTS JANE0. LINDSEY AND 22 ROBERT N.OLIVER: 23 13 Mr.William L. Kirkman 24 -and - 25 14 Ms.Suzanna Johnson BOURLAND& KIRKMAN,LLP 15 201 Main Street Suite 1400 16 Fort Worth,Texas 76102 Phone: 817-336-2800 17 Fax: 817-877-1863 E-mail: billk@bourlandkirkman.com 18 19 ATTORNEY FOR DEFENDANTS M. KEITH BRANYON AND 20 JACKSON WALKER,LLP: Mr. FrankP. Greenhaw,IV 21 KELLYHART & HALLMAN,LLP 201 Main Street 22 Suite2500 FortWorth, Texas 76012 23 Phone: (817)878-3576 Fax: (817)878-9776 24 E-mail: pete.greenhaw@khh.com 25 1 (Pages 1 to 4) NELSON REPORTING, INC. Phone: 214.505.9396 * Fax: 972.745-1696 CAROLE EDWARDS 11/17)%11 Page 5 Page 7 1 EXHIBITS 1 PROCEEDINGS 2 NUMBER DESCRIPTION PAGE 3 163 E-mail correspondence dated 2/12/08 2 THE VIDEOGRAPHER: We're on the record a between Carole Edwards and Jeff Kinsel; 3 11 :04 a.m., November 17th, 2011, in the deposition of 4 C. Edwards 0011 through 0012... .......... 66 5 164 E-mail correspondence dated 2/19/08 4 Carole Edwards. between Carole Edwards and Jeff Kinsel; 5 CAROLE EDWARDS, 6 C. Edwards 0050.......................... 78 7 165 E-mail correspondence dated 2/19/08 6 having been first duly sworn, testified as follows: between Carole Edwards, Jeff Kinsel 7 EXAMINATION 8 and Virginia Kinsel; J. Kinsel, JR 0077. 81 9 166 E-mail correspondence dated 2/21/08 8 BY MR. KIRKMAN: between Jeff Kinsel and Paul Prince; 9 Q. You are Carole Edwards? 10 V. Kinsel 1031........................... 85 11 167 E-mail correspondence dated 2/21/08 10 A. Yes, lam. between Carole Edwards and Catherine 11 Q. Ms. Edwards, have you ever been deposed before? 12 Collins; C. Edwards 0057 ................. 87 13 12 A. No. 168 E-mail dated 2/26/08 from Carole Edwards 14 to Jeff Kinsel... ........................ 95 13 Q. You have sat through a number of depositions 15 14 now, haven't you? 169 E-mail dated 3/1/08 to Virginia Kinsel 16 from Carole Edwards, with attachment; 15 A. Yes. C. Edwards 0056 through 0060 ............. 100 16 Q. So you sort of understand how it goes? 17 170 E-mail dated 3/2/08 to Jeff Kinsel, 17 A. I believe so. 18 Robin Kinsel, and Virginia Kinsel 18 Q. You understand that you've raised your right from Carole Edwards, with attachment; 19 C. Edwards 00561 through 0066 ............ 109 19 hand and sworn to tell the truth? 20 171 E-mail correspondence dated 2/6/08 20 A. Yes, I do. between Carole Edwards and Robin Kinsel; 21 C. Edwards 0067 through 0070 ............. 116 21 Q. And you understand that it is your obligation 22 172 Real Estate Issues Regarding the 22 to tell the whole truth? Urbanczyk Sales Contract for the EA 23 Kinsel Ranch, Revised March 29, 2008 23 A. Absolutely. (12:30 PM), Confidential; 24 Q. And do you intend to do that today? 24 C. Edwards 0077 through 0078 ............. 125 25 25 A. Absolutely. Page 6 Page 8 1 EXHIBITS 1 Q. If there's a question that I ask you that you 2 NUMBER DESCRIPTION PAGE 3 173 E-mail correspondence dated 4/10/08 2 don't understand, will you ask me to repeat it? between Carole Edwards, Keith Branyon 3 A. Yes. 4 and others; J. Kinsel, JR 0289 ........... 125 5 174 Real Estate Issues Regarding the 4 Q. And the reason I'm doing that, Ms. Edwards, is Urbanczyk Sales Contract for the EA 5 because when the deposition is completed, there'll be a 6 Kinsel Ranch, Revised April 10, 2008, 6 transcript made of your testimony. Do you understand Confidential; 7 KINSEL 0407 through 0409 ................. 134 7 that? 8 175 E-mail dated 4/11/08 to Keith Branyon 8 A. Yes. from Carole Edwards; KINSEL2337 ......... 139 9 9 Q. It's very important that when the lawyers 176 E-mail correspondence dated 4/14/08 10 review the transcript that they understand that you 10 between Catherine Collins and Keith 11 understood the question before you answered it. Branyon; KINSEL 2342 through 2343 ........ 139 11 12 A. Okay. 177 E-mail correspondence dated 3/20/08 13 Q. Where were you born? 12 between Carole Edwards and Robin Kinsel; C. Edwards 0076 .......................... 141 14 A. I was born in Austin, Texas. 13 15 Q. All right. And are you currently married to 178 E-mail dated 6/27/08 to Keith Branyon 14 from Carole Edwards; KINSEL2687 ......... 146 16 Foster? 15 179 E-mail correspondence dated 4/11/08 17 A. Yes. between Keith Branyon and Carole Edwards; 16 KINSEL2689 through 2690 ................. 147 18 Q. And you lived in Corpus for some time? 17 180 Letter dated 2/19/08 to J. Frank Kinsel 19 A. For some time, uh-huh. from Keith Branyon; 20 Q. All right. And tell me who your -- your 18 KINSEL0175through0176 ................. 162 19 21 parents, tell me about your parents; what were their 20 22 names. And tell me a little bit about your father and 21 22 23 then, of course, your mother. 23 24 A. Well, my parents are J. Frank and Virginia 24 25 25 Kinsel.My dad, you probably know, recently passed away 2 (Pages 5 to 8) NELSON REPORTING, INC. Phone: 214.505.9396 * Fax: 972.745-1696 CAROLE EDWARDS - 11/17)%11 Page 9 Page 11 1 on October the 19th. And I don't know what you want tc 1 A. His name is John Timothy Timm, T-1-M-M. 2 know about them. My dad was an attorney. 2 Q. And as I understand from your husband's 3 Q. Where were your mother and father living when 3 testimony, you had some children by Mr. Timm? 4 your father passed away? 4 A. Dr. Timm, yes. 5 A. My parents were living in Corpus Christi. 5 Q. All right. And he was - what kind of doctor 6 Q. And how long had they been living in Corpus 6 was Dr. Timm? 7 before your dad died? 7 A. He was a dentist. 8 A. I believe, since December 23rd, 2007. 8 Q. And tell me again the names of your children 9 Q. And prior to December 23rd of 2007, where did 9 that you had with Dr. Timm. 10 your mom and dad live? 1O A. Heather Diane Timm, who's now Heather Pool, and 11 A. They lived in Fort Worth. 11 Courtney Leigh Timm, who's now Courtney Leigh Schumache 12 Q. And how long did they live in Fort Worth? 12 (phonetic). 13 A. I believe they moved there in 2006, so a year 13 Q. Where does Heather live now? 14 and a half, a year. I'm not sure. 14 A. Heather lives in Denver. 15 Q. Do you remember when in 2006 they moved to 15 Q. That's right. And Courtney lives in? 16 Fort Worth? 16 A. InAustin. 17 A. I haven't I think, maybe February or March. 17 Q. Did you know EA Kinsel? 18 reviewed those dates. 18 A. Yes, I did. 19 Q. And when they lived in Fort Worth, where did 19 Q. And do you remember when EA Kinsel passed? 20 they live? 20 A. I believe it was 1979. 21 A. They lived at Broadway Plaza. 21 Q. And did you know or had you ever met EA 22 Q. And prior to February or March of 2006, where 22 Kinsel's first wife, who I understand is Llnnie - 23 did your mom and dad live? 23 lA-N-N-1-E -- P. Kinsel? 24 A. In Houston. 24 A. Yes. 25 Q. Do you remember where in Houston, their 25 Q. Do you know how long they were married? Page 10 Page 12 1 address? 1 A. Idonot. 2 A. I do.10 South Briar Hollow, Apartment 57. 2 Q. And as I understand it, EA Kinsel and Linnie P. 3 Q. How long did they live there? 3 Kinsel divorced? 4 A. A long time. Probably maybe 20 years. I'm not 4 A. That's my understanding. 5 sure. 5 Q. And then EA Kinsel married Lesey Kinsel? 6 Q. Where were you raised? 6 A. Yes. 7 A. I was raised a lot of places. Of course, I was 7 Q. Do you know when EA and Lesey were married? 8 born in Austin. Lived for a while -- I believe I lived 8 A. I don't. 9 for a while in Beaumont. I was very young. And then 9 Q. Can you tell me the children of EA and 10 Houston; Rye, New York; Bogota Columbia, Caracas, 10 Linnie P. Kinsel? 11 Venezuela; Chappaqua -- no, yeah, Chappaqua, New York; 11 A. Yes. They are Beaver, Joe Bob, Maxine, and my 12 and then Brussels, Belgium. 12 dad, J. Frank. I think that's everybody. 13 Q. Okay. And did you go -- where did you go to 13 Q. Who is Alex? 14 from Brussels? 14 A. Oh, and Alex.Alex. Sorry. Uncle Alex, yeah. 15 A. I went to college in Dallas. 15 Q. Of course your father is -- was J. Frank? 16 Q. And where? 16 A. Yes. 17 A. SMU. 17 Q. As I understand it from your husband's 18 Q. All right. And what year did you graduate from 18 testimony, Beaver was killed in World War II. Is that 19 SMU? 19 correct? 20 A. I graduated in December of '72. 20 A. Hewas. 21 Q. And what did you do after you graduated from 21 Q. Alex Kinsel.Who is -- who is Alex Kinsel? 22 SMU? 22 A. He's my uncle.I don't know ifhe was the 23 A. I moved to Corpus Christi and actually got 23 oldest or not. 24 married to my first husband in April of '73. 24 Q. Still living? 25 Q. And what was his name?What is his name? 25 A. No. 3 (Pages 9 to 12) NELSON REPORTING, INC. Phone: 214.505.9396 * Fax: 972.745-1696 CAROLE EDWARDS - 11/17)%11 Page 13 Page 15 1 Q. And when did he die? 1 A. Yes. 2 A. Don't know. 2 Q. And you have a brother named Bill as well? 3 Q. Do you know where he was living when he died? 3 A. Correct. 4 A. I believe he was living in San Antonio. 4 Q. And as I understand it, his given name is 5 Q. Joe Bob, Sr., as I understand, is deceased? 5 William? 6 A. Correct. 6 A. William Ashley Kinsel. 7 Q. And do you remember when he passed? 7 Q. A-S-H-L-E-Y? 8 A. I don't know the year. It's been in the 8 A. A-S-H-L-E-Y, uh-huh, like my grandfather. 9 last -- I think it's been in the last six or seven 9 Q. And who is the oldest of the kids? 10 years, but I'm not positive. 10 A. Jeff. 11 Q. And where was he living when he passed? 11 Q. And who's number two? 12 A. He was living in Beaumont. 12 A. Me. 13 Q. And Maxine Kinsel. Is Maxine Kinsel currently 13 Q. So Bill was your younger brother? 14 alive? 14 A. Uh-huh. Yes. I'm sorry. 15 A. No. 15 Q. And where does he live currently? 16 Q. And when did she pass? 16 A. His home is in Marion, Texas, which is outside 17 A. Before that. But I'm not sure. I don't know 17 of San Antonio. 18 the year that she passed. 18 Q. M-A-R-I-0-N? 19 Q. Okay. Did Beaver Kinsel have children? 19 A. M-A-R-I-0-N, uh-huh. 2O A. Not that I know of. 20 Q. And Bill is married to Misti? 21 Q. Alex Kinsel.Did Alex Kinsel have children? 21 A. Correct. 22 A. Yes. 22 Q. Does -- do Bill and Misti have children? 23 Q. And who are they? 23 A. They do but not together. 24 A. Oh, gosh. 24 Q. Okay. 25 Q. Pardon? 25 A. It's Bill's second marriage. Page 14 Page 16 1 A. He has a bunch. He has a bunch of children. 1 Q. What was Bill's first wife's name? 2 Q. Define "a bunch." 2 A. Margaret. 3 A. I think, five. 3 Q. And do you know how long Bill and Margaret wer 4 Q. I've got four. Is it more than four? 4 married? 5 A. I think it's more than four. And I'm not -- 5 A. I don't. 6 Q. Okay. 6 Q. And how many children did Bill and Margaret 7 A. I'm not real close to them. So I remember -- 7 have? 8 and I could be wrong, but Cecilia, Anthony. I think B A. Three. 9 there was an Alex, and there may have been another 9 Q. And what are their names? 10 couple. 10 A. Pamela. BJ, which I think that's William, Jr., 11 Q. Okay. Now, Joe Bob, Sr., of course Catherine 11 but he goes by BJ. And Nicholas, who is also known as 12 Collins and Joe Bob, Jr. are his children? 12 Tuff, T-U-F-F, but... 13 A. Right. True. 13 Q. What does Bill do for a living now? 14 Q. Are there any other children of Joe Bob, Sr.? 14 A. He has changed jobs quite a bit. What does he 15 A. No. 15 do for a living? I can't remember, but I know I'll 16 Q. And did Maxine have children? 16 remember in a minute. 17 A. Uh-huh. 17 Oh, I know.He just started driving a bus 18 Q. And what are their names? 18 for Coach America about a month and half or two months 19 A. Their names are Linnie Joe and Paul, and I 19 ago. 20 think she had Beaver. 2O Q. Do you know how old he is currently? 21 Q. And-- 21 A. I do. 22 A. I think she had a Beaver. 22 Q. Howold? 23 Q. Okay. 23 A. 50. 24 A. I'm not sure. 24 Q. 5-0? 25 Q. Jeff is, of course, your brother? 25 A. 5-0. He's ten years younger than I am. I'm 4 (Pages 13 to 16) NELSON REPORTING, INC. Phone: 214.505.9396 * Fax: 972.745-1696 CAROLE EDWARDS - 11/17)%11 Page 17 Page 19 1 embarrassed to say I just turned 60. He just turned 50. 1 house, and the ranch house is surrounded by a chain-link 2 Q. Well, why are you embarrassed? 2 fence, and the house is two bedrooms, kitchen, living 3 A. Because I don't want to be 60. 3 area, and a great sleeping porch. 4 Q. Well, I'm almost 60, too, so... 4 Q. How many acres are there; do you know? 5 Did you spend some time around your 5 A. I always thought it was about 2500. 6 grandfather, EA Kinsel, prior to his death? 6 Q. Okay. Is there a road that the caliche road 7 A. Yes. 7 enters from? 8 Q. And you are aware that he purchased what has 8 A. Uh-huh. 9 been referred to as the Kinsel ranch? 9 Q. What -- do you know what that is? 1O A. Absolutely. 1O A. It might be 541. I don't. I just know how to 11 Q. When the ranch was purchased, was he married to 11 get there. You take the McCoy Poteet exit, go straight 12 Linnie or Lesey? 12 down that road, and you see the entrance to the ranch. 13 A. I believe he was married to Lesey. 13 Q. Did your grandfather run cattle or any animals 14 Q. All right. And did Lesey and EA Kinsel ever 14 on the place at all? 15 reside on the ranch? 15 A. Hedid. 16 A. I don't believe they were resided full-time at16 Q. What did he run? 17 the ranch.They -- they made quite a few visits to the 17 A. Cattle. 18 ranch. 18 Q. Anything else you remember? 19 Q. But they kept a separate home in Beaumont? 19 A. There was oil on the ranch. 2O A. Beaumont. Uh-huh. 20 Q. Okay. 21 Q. Okay. I assume you spent some time at the 21 A. There were horses on the ranch when I was 22 ranch growing up? 22 young. 23 A. Iilid 23 Q. Okay. I assume Lesey spent some time there on 24 Q. AsdidJeff? 24 the ranch there as well? 25 A. Yes. 25 A. Absolutely.Lesey used to ride horses on the Page 18 Page 20 1 Q. And Bill? 1 ranch as well. 2 A. Uh-huh. 2 Q. Shedid? 3 Q. I assume that you have spent a great deal of 3 A. Uh-huh. 4 time around Lesey? 4 Q. Was Lesey an active woman before she became 5 A. That's correct. 5 older? 6 Q. Lesey did not formally adopt any of you 6 A. She was pretty active. She wasn't ever what I 7 children, did she? 7 would call an exercise person or anything like that, but 8 A. She did not. 8 she was pretty active. 9 Q. Okay. 9 Q. Okay. 10 A. I'm actually a grandchild. 1O A. I didn't ever know her when she rode horses on 11 Q. That's right. A grandchild. She's -- she is 11 the ranch.I just heard that she rode horses on the 12 your-- 12 ranch. So she may have been more active at that point. 13 A. Grandmother. 13 Q. Okay. So at least your memory of Lesey did not 14 Q. -- grandmother. 14 include her riding horses? 15 Did Lesey formally adopt your father; do 15 A. Correct. 16 you know? 16 Q. You are aware that Lesey moved to Fort Worth at 17 A. Not -- no, I don't believe so. 17 some point in time? 18 Q. Did she adopt any of the other Kinsel children? 18 A. Yes. 19 A. I don't believe so. 19 Q. Do you remember when that was? 20 Q. Okay. Tell me about -- generally about the 20 A. I believe she moved in about February of 2005. 21 ranch. How is it configured?Is there a house? Tell 21 Q. And do you know why she did? 22 me as best as you remember, the last time you were 22 A. Her health was failing. She was not able to 23 there, how it's set up. 23 keep her house in the shape that she had kept it before. 24 A. Well, there's a caliche road that -- I believe24 She didn't really have people to check on her in 25 it's a mile and a half long -- that goes up to the ranch 25 Beaumont consistently, and I think it was a hard 5 (Pages 17 to 20) NELSON REPORTING, INC. Phone: 214.505.9396 * Fax: 972.745-1696 CAROLE EDWARDS - 11/1~11 Page 21 Page 23 1 decision but I think her decision was that she needed to 1 mom and dad moved to Fort Worth? 2 be somewhere that was better for her than the house in2 A. I believe it was February or March of 2006. 3 Beaumont. 3 Q. All right. And what was your dad's health and 4 Q. How long had she lived in the house in 4 physical condition at the time your dad and mom moved to 5 Beaumont? 5 Fort Worth? 6 A. A long time, but I don't know the year that she 6 A. His physical condition was pretty good. My dad 7 moved there. 7 had Alzheimer's, and he was to the point where he 8 Q. As long as you can remember? 8 depended on my mom exclusively for making discussions, 9 A. As long as I can remember. 9 helping him know where to go. He hid it pretty well 10 Q. When she came to Fort Worth, other than Jeff 10 because -- because he did depend on my mom. But his -- 11 and Robin, were there any other Kinsels in Fort Worth at 11 his memory was definitely going downhill. 12 the time she moved in February of '05? 12 Q. At the time -- and my question related to at 13 A. No. 13 the time they came to Fort Worth. Did you just 14 Q. Okay. And Jane Lindsey lived in Fort Worth at 14 describe -- 15 the time? 15 A. That's my memory at the time -- that was one of 16 A. That's my understanding. 16 the reasons they came to Fort Worth. 17 Q. Any other Kinsels in and around Beaumont at the17 Q. Was because your dad's mental condition was 18 time she moved? 18 degenerating? 19 A. There were.Joe Bob and his wife, Jane, were 19 A. Yes. 20 in Beaumont when they moved, and then he has some 2O Q. Okay. Why did -- why was Fort Worth important 21