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CAUSE NO. 153-232668-08
VIRGINIA 0. KINSEL, as Attorney-in-Fact § IN THE DISTRICT COURT OF
for 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 ofThe Lesey B. Kinsel Trust, §
ROBERT N. OLIVER, FUNCHESS, §
MILLS, WHITE, & CO., acting by and s
through its shareholder, TERRY S. §
WHIDDON or any subsequent shareholder § TARRANTCOUNTY,TEXAS
as designated by the shareholders of §
FUNCHES, MILLS, WHITE, & CO., as §
Successor Co-Trustee of The Lesey B. § '
Kinsel Trust, TERRY S. WHIDDON, as
Successor Co-Trustee ofThe Lesey B.
Kinsel Trust, and FUNCHESS, MILLS,
WHITE, & CO., P.C., acting by and
§
§
§
§
J
through its shareholder, TERRY S. §
WHIDDON, or any subsequent shareholder §
as designated by the shareholders of §
FUNCHESS, MILLS, WHITE, & CO. P.C., §
as Successor Co-Trustee of The Lesey B. §
Kinsel Trust, FRANCES GARZA, §
Individually, IDA CASTILLO, Individually, §
M. KEITH BRANYON, Individually, and §
JACKSON WALKER, L.L.P., a Texas §
Limited Liability Partnership, § 153RD JUDICIAL DISTRICT
§
Defendants. §
FINAL JUDGMENT
On the 29th day of October, 2012, Plaintiffs, Virginia 0. Kinsel, as Executrix of the Estate
of J. Frank Kinsel, Carole K. Edwards, Catherine K. Collins and J. Frank Kinsel Jr., along with
Intervenor Joe Bob Kinsel Jr., and Defendants, Jane 0. Lindsey, Individually and as Successor Co-
Page I of7
Court's m::::" ."' 2fZ
Attorney of Record On Tranna~O 5 Q'iJ
Trustee of The Lesey B.
•
Kinsel Trust ("Trust" herein means The
•Lesey B. Kinsel Trust dated
December 16, 1996 as amended by the First, Second and Third Amendments thereto), Robert Oliver,
M. Keith Branyon, and Jackson Walker LLP, appeared and announced ready for trial. Defendants
Terry S. Whiddon, as Successor Co-Trustee of The Trust, Ida Castillo and Frances Garza filed an
answer but did not appear at trial. A jury consisting of twelve qualified jurors was duly impaneled
and sworn and heard the evidence and arguments of counsel.
At the conclusion of the evidence, the Court submitted the questions of fact in the case to the
jury. In response to jury questions and instructions submitted by the Court, the jury made findings
which were received by the Court and were filed and entered on the record.
The Plaintiffs have moved for judgment on the verdict. Because it appears to the Court that
the verdict of the jury was for the Plaintiffs and against the Defendants, judgment should be rendered
on the verdict in favor ofthe Plaintiffs and against the Defendants, and the Plaintiffs are entitled to
recover from the Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and Jackson
Walker LLP, jointly and severally, for actual damages as found by the jury or as imposed by law.
1. The Court finds that as a matter oflaw Jackson Walker LLP is vicariously liable for
the damages to the Plaintiffs caused by M. Keith Branyon because M. Keith Branyon was acting
within the scope of his employment at and as a partner of Jackson Walker LLP during the time
period when each of the torts alleged by Plaintiffs were committed.
2. The Court finds that the Jury found as follows:
a. That Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and
Jackson Walker LLP, were part of a civil conspiracy to commit fraud,
statutory fraud, and tortious interference with inheritance rights that damaged
Plaintiff, Virignia 0. Kinsel as Executrix of the Estate of J. Frank Kinsel Sr.,
making Defendants jointly and severally liable for all damages resulting to
Virginia 0. Kinsel as Executrix of the estate of J. Frank Kinsel from fraud,
statutory fraud, and tortious interference with inheritance rights;
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b. That Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and
Jackson Walker LLP, were part of a civil conspiracy to commit fraud,
statutory fraud, and tortious interference with inheritance rights that damaged
Plaintiff, Carole K. Edwards, making Defendants jointly and severally liable
for all damages resulting to Carole K. Edwards from fraud, statutory fraud,
and tortious interference with inheritance rights;
c. That Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and
Jackson Walker LLP, were part of a civil conspiracy to commit fraud,
statutory fraud, and tortious interference with inheritance rights that damaged
Plaintiff, Catherine K. Collins, making Defendants jointly and severally liable
for all damages resulting to Catherine K. Collins from fraud, statutory fraud,
and tortious interference with inheritance rights;
d. That Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and
Jackson Walker LLP, were part of a civil conspiracy to commit fraud,
statutory fraud, and tortious interference with inheritance rights that damaged
Plaintiff, J. Frank Kinsel Jr., making Defendants jointly and severally liable
for all damages resulting to J. Frank Kinsel Jr. from fraud, statutory fraud,
and tortious interference with inheritance rights;
e. That Defendant, Jane 0. Lindsey, breached her fiduciary duties owed to
Catherine K. Collins;
f. That Defendants, Robert N. Oliver, M. Keith Branyon and Jackson Walker
LLP, knowingly and consciously participated in Jane 0. Lindsey's breach of
fiduciary duty;
g. That Lesey B. Kinsel lacked the requisite mental capacity to execute the
Fourth Amendment to The Lesey B. Kinsel Trust Agreement on of about
February 23, 2007;
h. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N.
Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Fourth
Amendment to The Lesey B. Kinsel Trust Agreement on or about February
23, 2007;
1. That Lesey B. Kinsel lacked the requisite mental capacity to execute the Fifth
Amendment to The Lesey B. Kinsel Trust Agreement on or about August 12,
2008;
j. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N.
Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Fifth
Amendment to The Lesey B. Kinsel Trust Agreement on or about August 12,
2008;
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k. That Lesey B. Kinsel lacked the requisite mental capacity to execute the
Kinsel Ranch sales contract on or about Aprill4, 2008;
I. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N.
Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Kinsel
Ranch sales contract on or about April 14, 2008;
m. That Lesey B. Kinsel lacked the requisite mental capacity to execute the deed
of conveyance for the Kinsel Ranch on or about July 22, 2008;
n. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N.
Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the deed of
conveyance for the Kinsel Ranch on or about July 22, 2008.
3. Based on the Jury's findings, the Court declares:
a. That Lesey B. Kinsel lacked the requisite mental capacity to execute the
Fourth Amendment to The Lesey B. Kinsel Trust Agreement on or about
February 23, 2007;
b. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N.
Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Fourth
Amendment to The Lesey B. Kinsel Trust Agreement on or about February
23, 2007;
c. That Lesey B. Kinsel lacked the requisite mental capacity to execute the Fifth
Amendment to The Lesey B. Kinsel Trust Agreement on or about August 12,
2008;
d. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N.
Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Fifth
Amendment to The Lesey B. Kinsel Trust Agreement on or about August 12,
2008;
e. That Lesey B. Kinsel lacked the requisite mental capacity to execute the
Kinsel Ranch sales contract on or about April 14, 2008;
f. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N.
Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Kinsel
Ranch sales contract on or about April14, 2008;
g. That Lesey B. Kinsel lacked the requisite mental capacity to execute the deed
of conveyance for the Kinsel Ranch on or about July 22, 2008;
h. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N.
Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the deed of
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conveyance for the Kinsel Ranch on or about July 22, 2008;
4. It is hereby ORDERED, ADJUDGED AND DECREED, as follows:
a. Plaintiff, Virginia 0. Kinsel, as Executrix of the Estate of J. Frank Kinsel Sr.,
have and recover actual damages from Defendants, Jane 0. Lindsey, Robert
N. Oliver, M. Keith Branyon and Jackson Walker LLP,jointly and severally,
in the sum amount of$509,000.00, plus prejudgment interest from September
9, 2008 (the date of filing suit herein) through December 14,2012, at the rate
of 5% per annum, totaling $108,493.70, and prejudgment interest thereon at
the rate of5% per annum, which is $69.73 per day after December 14,2012,
until this judgment is signed;
b. Plaintiff, Carole K. Edwards, have and recover actual damages from
Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and
Jackson Walker LLP, jointly and severally, in the sum amount of
$763,000.00, plus prejudgment interest from September 9, 2008 (the date of
filing suit herein) through December 14, 2012, at the rate of 5% per annum,
totaling $162,633.97, and prejudgment interest thereon at the rate of5% per
annum, which is $104.52 per day after December 14, 2012, until this
judgment is signed;
c. Plaintiff, Catherine K. Collins, have and recover actual damages from
Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and
Jackson Walker LLP, jointly and severally, in the sum amount of
$1,018,000.00, plus prejudgment interest from September 9, 2008 (the date
of filing suit herein) through December 14, 2012, at the rate of 5% per
annum, totaling $216,984.20, and prejudgment interest thereon at the rate of
5% per annum, which is $139.45 per day after December 14,2012, until this
judgment is signed;
d. Plaintiff, J. Frank Kinsel Jr., have and recover actual damages from
Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and
Jackson Walker LLP, jointly and severally, in the sum amount of
$763,000.00, plus prejudgment interest from September 9, 2008 (the date of
filing suit herein) through December 14, 2012, at the rate of5% per annum,
totaling $162,633.97, and prejudgment interest thereon at the rate of 5% per
annum, which is $104.52 per day after December 14, 2012, until this
judgment is signed;
e. The Fourth and Fifth Amendments to The Lesey B. Kinsel Trust Agreement
are hereby declared void and of no effect;
f. The Kinsel Ranch sales contract on or about April15, 2008 and the deed of
conveyance on or about July 22, 2008 were procured as a result of undue
influence or the lack of capacity of Lesey B. Kinsel to execute such
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documents, and the Plaintiffs are entitled to the damage amounts listed above
in Paragraph 4 and its subparts a through d as a result.
g. A constructive trust is imposed on Jane 0. Lindsey's interest in the Trust and
any monies that Jane 0. Lindsey would be legally entitled to from the Trust
(which shall not include the oil, gas, and mineral income and lease bonus
income that was paid to the Trust after Lesey B. Kinsel's death on August 22,
2008) and shall be held by the Trustee of the Trust to satisfY, in whole or in
part, Plaintiffs' judgment in this lawsuit, and the income from the oil, gas,
and minerals and lease bonus received by the Trustee shall be paid to
Plaintiffs according to law and the terms of the Trust;
h. That any prior deed or document to convey any interest in the oil, gas and
minerals from the Trust to Jane 0. Lindsey or Robert N. Oliver is hereby
declared null and void and of no force or effect.;
1. That Jane 0. Lindsey and Funchess, Mills, White and Company and its
shareholder, Terry S. Whiddon, are hereby removed as Co-Trustees or
Trustee of the Trust;
J. The Court appoints the Honorable Brent Keis as the individual Successor
Trustee of the Trust under Article VI of The Lesey B. Kinsel Trust
Agreement to administer and distribute the assets ofthe Trust in accordance
with this Final Judgment, the Trust Agreement and its valid amendments and
to pursue any attorney fee disgorgement claims;
k. Plaintiffs requested and are entitled to attorneys' fees based on Section 27.01
of the Texas Business and Commerce Code. Upon presentation of the
evidence, the Jury determined the reasonable and necessary attorneys' fees
leading up to and for trial to be $800,000.00 and Plaintiffs are entitled to a
recovery of attorneys' fees in the amount of$800,000.00;
l. Alternatively, Plaintiffs are entitled to attorneys' fees based on Section
37.009 of the Texas Civil Practice and Remedies Code and the Texas Trust
Code Section 114.064. Upon presentation of the evidence, the Jury
determined the reasonable and necessary attorneys' fees leading up to and for
trial to be $800,000.00 and Plaintiffs are entitled to a recovery of attorneys'
fees in the amount of $800,000.00.
m. Defendants are permanently enjoined from paying any sum out of the funds
of the Lesey B. Kinsel Trust or to transfer any portion of the assets of the
Lesey B. Kinsel Trust from December 20, 2012 forward. This prohibition
includes any sum to counsel for any of the Defendants in this matter.
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5. The Court finds that the legal services provided by Plaintiffs' counsel advanced
claims whereby attorneys' fees were recoverable and other claims whereby attorneys' fees were
unrecoverable, and the claims were so inextricably intertwined that it was impossible to determine
which part of the Plaintiffs' attorneys' work is attributable to a non-recoverable claim, meaning no
segregation of attorneys' fees was required. ~
@)
~,'-o~
6. All damages, judgment amounts, and costs of court spent sr in~l'l'e~ in this cause are
1\
adjudged against Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and Jackson
Walker LLP, jointly and severally, together with postjudgment interest at the rate of five percent
(5%) per annum from the date this judgment is signed, compounded annually until paid.
7. All writs and processes for the enforcement and collection of this judgment or the
costs of Court may issue as necessary.
8. The charge of the Court and the jury's verdict of November 16, 2012, are
incorporated herein by reference for all purposes.
9. All relief requested in this case and not expressly granted is denied. This judgment
finally disposes of all parties and claims and is appealable.
j1\
SIGNED this ~
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• • CAUSE NO. 153-232668-08 VIRGINIA 0. KINSEL, as Attorney-in-Fact § IN THE DISTRICT COURT OF for 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 ofThe Lesey B. Kinsel Trust, § ROBERT N. OLIVER, FUNCHESS, § MILLS, WHITE, & CO., acting by and s through its shareholder, TERRY S. § WHIDDON or any subsequent shareholder § TARRANTCOUNTY,TEXAS as designated by the shareholders of § FUNCHES, MILLS, WHITE, & CO., as § Successor Co-Trustee of The Lesey B. § ' Kinsel Trust, TERRY S. WHIDDON, as Successor Co-Trustee ofThe Lesey B. Kinsel Trust, and FUNCHESS, MILLS, WHITE, & CO., P.C., acting by and § § § § J through its shareholder, TERRY S. § WHIDDON, or any subsequent shareholder § as designated by the shareholders of § FUNCHESS, MILLS, WHITE, & CO. P.C., § as Successor Co-Trustee of The Lesey B. § Kinsel Trust, FRANCES GARZA, § Individually, IDA CASTILLO, Individually, § M. KEITH BRANYON, Individually, and § JACKSON WALKER, L.L.P., a Texas § Limited Liability Partnership, § 153RD JUDICIAL DISTRICT § Defendants. § FINAL JUDGMENT On the 29th day of October, 2012, Plaintiffs, Virginia 0. Kinsel, as Executrix of the Estate of J. Frank Kinsel, Carole K. Edwards, Catherine K. Collins and J. Frank Kinsel Jr., along with Intervenor Joe Bob Kinsel Jr., and Defendants, Jane 0. Lindsey, Individually and as Successor Co- Page I of7 Court's m::::" ."' 2fZ Attorney of Record On Tranna~O 5 Q'iJ Trustee of The Lesey B. • Kinsel Trust ("Trust" herein means The •Lesey B. Kinsel Trust dated December 16, 1996 as amended by the First, Second and Third Amendments thereto), Robert Oliver, M. Keith Branyon, and Jackson Walker LLP, appeared and announced ready for trial. Defendants Terry S. Whiddon, as Successor Co-Trustee of The Trust, Ida Castillo and Frances Garza filed an answer but did not appear at trial. A jury consisting of twelve qualified jurors was duly impaneled and sworn and heard the evidence and arguments of counsel. At the conclusion of the evidence, the Court submitted the questions of fact in the case to the jury. In response to jury questions and instructions submitted by the Court, the jury made findings which were received by the Court and were filed and entered on the record. The Plaintiffs have moved for judgment on the verdict. Because it appears to the Court that the verdict of the jury was for the Plaintiffs and against the Defendants, judgment should be rendered on the verdict in favor ofthe Plaintiffs and against the Defendants, and the Plaintiffs are entitled to recover from the Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and Jackson Walker LLP, jointly and severally, for actual damages as found by the jury or as imposed by law. 1. The Court finds that as a matter oflaw Jackson Walker LLP is vicariously liable for the damages to the Plaintiffs caused by M. Keith Branyon because M. Keith Branyon was acting within the scope of his employment at and as a partner of Jackson Walker LLP during the time period when each of the torts alleged by Plaintiffs were committed. 2. The Court finds that the Jury found as follows: a. That Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP, were part of a civil conspiracy to commit fraud, statutory fraud, and tortious interference with inheritance rights that damaged Plaintiff, Virignia 0. Kinsel as Executrix of the Estate of J. Frank Kinsel Sr., making Defendants jointly and severally liable for all damages resulting to Virginia 0. Kinsel as Executrix of the estate of J. Frank Kinsel from fraud, statutory fraud, and tortious interference with inheritance rights; Final Judgment Page 2 of7 • • b. That Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP, were part of a civil conspiracy to commit fraud, statutory fraud, and tortious interference with inheritance rights that damaged Plaintiff, Carole K. Edwards, making Defendants jointly and severally liable for all damages resulting to Carole K. Edwards from fraud, statutory fraud, and tortious interference with inheritance rights; c. That Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP, were part of a civil conspiracy to commit fraud, statutory fraud, and tortious interference with inheritance rights that damaged Plaintiff, Catherine K. Collins, making Defendants jointly and severally liable for all damages resulting to Catherine K. Collins from fraud, statutory fraud, and tortious interference with inheritance rights; d. That Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP, were part of a civil conspiracy to commit fraud, statutory fraud, and tortious interference with inheritance rights that damaged Plaintiff, J. Frank Kinsel Jr., making Defendants jointly and severally liable for all damages resulting to J. Frank Kinsel Jr. from fraud, statutory fraud, and tortious interference with inheritance rights; e. That Defendant, Jane 0. Lindsey, breached her fiduciary duties owed to Catherine K. Collins; f. That Defendants, Robert N. Oliver, M. Keith Branyon and Jackson Walker LLP, knowingly and consciously participated in Jane 0. Lindsey's breach of fiduciary duty; g. That Lesey B. Kinsel lacked the requisite mental capacity to execute the Fourth Amendment to The Lesey B. Kinsel Trust Agreement on of about February 23, 2007; h. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Fourth Amendment to The Lesey B. Kinsel Trust Agreement on or about February 23, 2007; 1. That Lesey B. Kinsel lacked the requisite mental capacity to execute the Fifth Amendment to The Lesey B. Kinsel Trust Agreement on or about August 12, 2008; j. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Fifth Amendment to The Lesey B. Kinsel Trust Agreement on or about August 12, 2008; Final Judgment Page 3 of7 • • k. That Lesey B. Kinsel lacked the requisite mental capacity to execute the Kinsel Ranch sales contract on or about Aprill4, 2008; I. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Kinsel Ranch sales contract on or about April 14, 2008; m. That Lesey B. Kinsel lacked the requisite mental capacity to execute the deed of conveyance for the Kinsel Ranch on or about July 22, 2008; n. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the deed of conveyance for the Kinsel Ranch on or about July 22, 2008. 3. Based on the Jury's findings, the Court declares: a. That Lesey B. Kinsel lacked the requisite mental capacity to execute the Fourth Amendment to The Lesey B. Kinsel Trust Agreement on or about February 23, 2007; b. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Fourth Amendment to The Lesey B. Kinsel Trust Agreement on or about February 23, 2007; c. That Lesey B. Kinsel lacked the requisite mental capacity to execute the Fifth Amendment to The Lesey B. Kinsel Trust Agreement on or about August 12, 2008; d. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Fifth Amendment to The Lesey B. Kinsel Trust Agreement on or about August 12, 2008; e. That Lesey B. Kinsel lacked the requisite mental capacity to execute the Kinsel Ranch sales contract on or about April 14, 2008; f. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the Kinsel Ranch sales contract on or about April14, 2008; g. That Lesey B. Kinsel lacked the requisite mental capacity to execute the deed of conveyance for the Kinsel Ranch on or about July 22, 2008; h. That Lesey B. Kinsel was unduly influenced by Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon, and Jackson Walker LLP to execute the deed of Final Judgment Page 4 of? • • conveyance for the Kinsel Ranch on or about July 22, 2008; 4. It is hereby ORDERED, ADJUDGED AND DECREED, as follows: a. Plaintiff, Virginia 0. Kinsel, as Executrix of the Estate of J. Frank Kinsel Sr., have and recover actual damages from Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and Jackson Walker LLP,jointly and severally, in the sum amount of$509,000.00, plus prejudgment interest from September 9, 2008 (the date of filing suit herein) through December 14,2012, at the rate of 5% per annum, totaling $108,493.70, and prejudgment interest thereon at the rate of5% per annum, which is $69.73 per day after December 14,2012, until this judgment is signed; b. Plaintiff, Carole K. Edwards, have and recover actual damages from Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and Jackson Walker LLP, jointly and severally, in the sum amount of $763,000.00, plus prejudgment interest from September 9, 2008 (the date of filing suit herein) through December 14, 2012, at the rate of 5% per annum, totaling $162,633.97, and prejudgment interest thereon at the rate of5% per annum, which is $104.52 per day after December 14, 2012, until this judgment is signed; c. Plaintiff, Catherine K. Collins, have and recover actual damages from Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and Jackson Walker LLP, jointly and severally, in the sum amount of $1,018,000.00, plus prejudgment interest from September 9, 2008 (the date of filing suit herein) through December 14, 2012, at the rate of 5% per annum, totaling $216,984.20, and prejudgment interest thereon at the rate of 5% per annum, which is $139.45 per day after December 14,2012, until this judgment is signed; d. Plaintiff, J. Frank Kinsel Jr., have and recover actual damages from Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and Jackson Walker LLP, jointly and severally, in the sum amount of $763,000.00, plus prejudgment interest from September 9, 2008 (the date of filing suit herein) through December 14, 2012, at the rate of5% per annum, totaling $162,633.97, and prejudgment interest thereon at the rate of 5% per annum, which is $104.52 per day after December 14, 2012, until this judgment is signed; e. The Fourth and Fifth Amendments to The Lesey B. Kinsel Trust Agreement are hereby declared void and of no effect; f. The Kinsel Ranch sales contract on or about April15, 2008 and the deed of conveyance on or about July 22, 2008 were procured as a result of undue influence or the lack of capacity of Lesey B. Kinsel to execute such Final Judgment Page5of7 • • documents, and the Plaintiffs are entitled to the damage amounts listed above in Paragraph 4 and its subparts a through d as a result. g. A constructive trust is imposed on Jane 0. Lindsey's interest in the Trust and any monies that Jane 0. Lindsey would be legally entitled to from the Trust (which shall not include the oil, gas, and mineral income and lease bonus income that was paid to the Trust after Lesey B. Kinsel's death on August 22, 2008) and shall be held by the Trustee of the Trust to satisfY, in whole or in part, Plaintiffs' judgment in this lawsuit, and the income from the oil, gas, and minerals and lease bonus received by the Trustee shall be paid to Plaintiffs according to law and the terms of the Trust; h. That any prior deed or document to convey any interest in the oil, gas and minerals from the Trust to Jane 0. Lindsey or Robert N. Oliver is hereby declared null and void and of no force or effect.; 1. That Jane 0. Lindsey and Funchess, Mills, White and Company and its shareholder, Terry S. Whiddon, are hereby removed as Co-Trustees or Trustee of the Trust; J. The Court appoints the Honorable Brent Keis as the individual Successor Trustee of the Trust under Article VI of The Lesey B. Kinsel Trust Agreement to administer and distribute the assets ofthe Trust in accordance with this Final Judgment, the Trust Agreement and its valid amendments and to pursue any attorney fee disgorgement claims; k. Plaintiffs requested and are entitled to attorneys' fees based on Section 27.01 of the Texas Business and Commerce Code. Upon presentation of the evidence, the Jury determined the reasonable and necessary attorneys' fees leading up to and for trial to be $800,000.00 and Plaintiffs are entitled to a recovery of attorneys' fees in the amount of$800,000.00; l. Alternatively, Plaintiffs are entitled to attorneys' fees based on Section 37.009 of the Texas Civil Practice and Remedies Code and the Texas Trust Code Section 114.064. Upon presentation of the evidence, the Jury determined the reasonable and necessary attorneys' fees leading up to and for trial to be $800,000.00 and Plaintiffs are entitled to a recovery of attorneys' fees in the amount of $800,000.00. m. Defendants are permanently enjoined from paying any sum out of the funds of the Lesey B. Kinsel Trust or to transfer any portion of the assets of the Lesey B. Kinsel Trust from December 20, 2012 forward. This prohibition includes any sum to counsel for any of the Defendants in this matter. Final Judgment Page 6 of7 • • 5. The Court finds that the legal services provided by Plaintiffs' counsel advanced claims whereby attorneys' fees were recoverable and other claims whereby attorneys' fees were unrecoverable, and the claims were so inextricably intertwined that it was impossible to determine which part of the Plaintiffs' attorneys' work is attributable to a non-recoverable claim, meaning no segregation of attorneys' fees was required. ~ @) ~,'-o~ 6. All damages, judgment amounts, and costs of court spent sr in~l'l'e~ in this cause are 1\ adjudged against Defendants, Jane 0. Lindsey, Robert N. Oliver, M. Keith Branyon and Jackson Walker LLP, jointly and severally, together with postjudgment interest at the rate of five percent (5%) per annum from the date this judgment is signed, compounded annually until paid. 7. All writs and processes for the enforcement and collection of this judgment or the costs of Court may issue as necessary. 8. The charge of the Court and the jury's verdict of November 16, 2012, are incorporated herein by reference for all purposes. 9. All relief requested in this case and not expressly granted is denied. This judgment finally disposes of all parties and claims and is appealable. j1\ SIGNED this ~