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CAUSE No. 120fj(f_fif~-/08
AH/1:35
VIRGINIA 0. KINSEL, eta!., I I§' ; : •·
· :• . IN THE DISTRICT COURT OF
Plaintiffs,
~ ~o,srn~c~;.i:LrJ}DEH
§
v. § TARRANT COUNTY, TEXAS
§
JANE 0. LINDSEY, eta!., §
§
Defendants. § 153RD JUDICIAL DISTRICT
UNOPPOSED MOTION AND PETITION TO MODIFY THE TERMS OF THE LESEY
B. KINSEL TRUST
COME NOW, Plaintiffs, Virginia 0. Kinsel, as executrix of the estate of J. Frank Kinsel, J.
Frank Kinsel Jr., Carole Edwards, and Catherine Collins, Intervenor Joe Bob Kinsel (herein
collectively, "Plaintiffs") joined by Trustee, Brent Keis,(herein," Trustee") and Defendants, Jane 0.
Lindsey and Robert N. Oliver (herein collectively,"Defendants") and file this, their Unopposed
Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust and would respectfully show
the Court the following:
I. FACTS
1. On December 28, 2012, Judge Curry signed a Final Judgment in the above styled and
numbered cause. The Judgment removed the Successor Co-Trustees and appointed Brent Keis as
Trustee of the Lesey B. Kinsel Trust (herein, the "Trust") to administer and distribute the assets of
the Trust.
2. The original Trust Agreement created by Lesey B. Kinsel states that,"[n]o individual serving
as Trustee shall receive compensation for service as Trustee."
3. Plaintiffs and Defendants are all named beneficiaries ofthe Trust. Plaintiffs, Defendants and
Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust Page I of6
the Trustee all agree that the Trustee should be reasonably compensated for his time spent
administering and distributing the Trust's assets. In accordance with that agreement, Plaintiffs,
Defendants, and the Trustee now file this unopposed motion to modify the terms of the Trust to
allow for the Trustee to be compensated.
II. ARGUMENT AND AUTHORITIES
4. Section 112.054 of the Texas Property Code states, in part, the following:
"On the petition of a trustee or a beneficiary, a court may order
that ... the terms of the trust be modified, that the trustee be directed
or permitted to do acts that are not authorized or that are forbidden by
the terms of the trust. .. if... (2) because of circumstances not known
to or anticipated by the settler, the order will further the purposes of
the trust."
TEX. PROP. CODE§ 112.054(a)(2). Any modification under this section must "conform as nearly as
possible to the probable intent of the settlor." TEX. PROP. CODE§ 112.054(b).
5. All parties agree that the current circumstances surrounding the Trust could not have been
anticipated by Lesey Kinsel. This is evidenced by the fact that the Trust Agreement does not name
a successor trustee beyond the two Co-Trustees that have already been removed by the Court, nor
a method for naming a successor trustee.
6. No party is challenging that the change would defeat the intent of the Trust. The overarching
purpose of the Trust was to provide for the needs ofLesey Kinsel during her lifetime, and then upon
her death to distribute the assets of the Trusts to the named beneficiaries. The parties agree that it
is necessary to appoint a Trustee in order to avoid waste, ensure that the Trust is administered
properly and that the assets of the Trust are distributed properly. No Trustee is likely to undertake
this obligation without receiving compensation. Allowing the Trustee to be compensated is the only
way to see that Lesey's intentions are carried out.
Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust Page2 of6
7. The Trustee appointed by Judge Curry has stated, and the parties have agreed, that reasonable
compensation for the Trustee would be $200.00 per hour. The Trustee has stated that he will provide
itemized statements of his time spent administering the Trust along with details of the work
performed by the Trustee to all beneficiaries on a monthly basis before receiving his compensation
from the Trust. The Trustee has indicated that if this compensation plan is not approved, he will
withdraw as Trustee and the Court will need to appoint another substitute trustee.
8. Therefore, in the interest of the Trust and the beneficiaries, the parties and the Trustee move
the Court to modify the Lesey B. Kinsel Trust and allow for the Trustee to be compensated in
accordance with the parameters set forth in this Motion in order to avoid waste and unnecessary
delay in the administration and distribution of the Trust.
III. PRAYER
WHEREFORE, the Trustee, Plaintiffs and Defendants pray that the Court sign an order
modifying the terms of the Lesey B. Kinsel Trust to allow the Trustee to be compensated from the
Trust in accordance with the payment terms set forth in this motion.
Respectfully Submitted,
By:___::__~~~~-
J. Lyndell Kirkley
Texas State Bar No. 11523000
Sean R. Looney
Texas State Bar No. 24050949
KIRKLEY & BERRYMAN, L.L.P.
100 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76102
Telephone: 817.335.3311
Facsimile: 817.335.7733
Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust Page 3 of6
ATTORNEYS FOR PLAINTIFFS
Jones, Allen & Fuquay, L.L.P.
8828 Greenville Avenue
Dallas, Texas 76243-7143
Telephone: 214.343.7400
Facsimile: 214.343.7455
ATTORNEY FOR J. FRANK KINSEL, JR
Agreed to as to form and substance by:
Mr. Bill Kirkman Brent Keis
BOURLAND & KIRKMAN LLP Trustee of the Lesey B. Kinsel Trust
Attorneys for Defendants, Jane Lindsey
and Robert Oliver
Certificate of Conference
On January 22, 2013, counsel for the Plaintiffs corresponded with counsel for Defendants
Jackson Walker LLP and Keith Branyon with regard to the merits of this motion. Defendants
Jackson Walker LLP and Keith Branyon are unopposed to the motion.
Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust Page4of6
ATTORNEYS FOR PLAINTIFFS
and
Mr. Lindy Jones
State Bar No. 10925500
Jones, Allen & Fuquay, L.L.P.
8828 Greenville A venue
Dallas, Texas 76243-7143
Telephone: 214.343.7400
Facsimile: 214.343.7455
ATTORNEY FOR J. FRANK KINSEL, JR
Agreed to as to form and substance by:
Mr. Bill Kirkman
BouRLAND & KIRKMAN LLP
Attorneys for Defendants, Jane Lindsey
and Robert Oliver
Certificate of Conference
On January 22, 2013, counsel for the Plaintiffs corresponded with counsel for Defendants
Jackson Walker LLP and Keith Branyon with regard to the merits of this motion. Defendants
Jackson Walker LLP and Keith Branyon are unopposed to the motion.
Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust Page 4 of6
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.
. ATTORNEYS FOR PLAINTIFFS
'
and
Mr. Lindy Jones
StateBarNo.l0925500
Jones, Allen & Fuquay, L.L.P.
8828 Greenville Avenue
Dallas, Texas 76243-7143
Telephone: 214.343.7400
Facsimile: 214.343.7455
ATTORNEY FOR J. FRANK KINSEL, JR
Agreed to as to form !Mi~"K.Il!!Jby:
Brent Keis
BOURLAND & K.!R Trustee of the Lesey B. Kinsel Trust
Attorneys for Defendants, Jane Lindsey
and Robert Oliver
Certificate of Conference
On January 22, 201:3, counsel for the Plaintiffs corresponded with counsel for Defendants
Jackson Walker LLP and Keith Branyon with regard to the merits of this motion. Defendants
Jackson Walker LLP and Keith Branyon are unopposed to the motion.
Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust Page 4 of6
Certificate of Service
This is to certify that a true and correct copy of the above and foregoing instrument was
se~d in accordance with the Texas Rules of Civil Procedure on this the ~day of
?'6cVGJ""\/ , 2013_, on the following counsel of record and on the beneficiaries of the
Lesey B. Kfnsel Trust: .
Via Facsimile- 817.878.9712 Via Certified Mail, Return Receipt
Mr. Marshall M. Searcy, Jr. Requested
Mr. Frank P. Greenhaw IV Mr. William Ashley Kinsel
KELLY, HART & HALLMAN, L.L.P. PO Box454
201 Main Street, Suite 2500 Marion, Texas 78124
Fort Worth, Texas 76102
Attorney for Defendants Jackson Walker Via Certified Mail, Return Receipt
L.L.P. and Keith Branyon Requested
Mr. Richard Bullock
Via Facsimile 214.871.8209 806 Yemassee Loop
Ms. Alison H. Moore The Villages, Florida 32162
THOMPSON, COE, COUSINS, & IRONS, L.L.P.
700 North Pearl Street Via Certified Mail, Return Receipt
25th Floor, Plaza of the Americas Requested
Dallas, Texas 75201 Mrs. Sue Earl McReynolds
Attorney for Defendant, Terry Whiddon 6762 Country Field
San Antonio, Texas 78240
Via First Class Mail
Mr. Scott Kinsel Via Certified Mail, Return Receipt
SCOTT KINSEL, P.C. Requested
8708 South Congress, Suite B200 The Estate of Joe Bullock, Deceased
Austin, Texas 78745 c/o Paul Bell, Executor of the Estate of Joe
Bullock
Via First Class Mail P.O. Box 698
Ms. Frances Garza, Pro Se Mansfield, Washington, 98830
5435 FM 541
McCoy, Texas 78113 Via Certified Mail, Return Receipt
Requested
Via First Class Mail Mrs. Linnie Jo Wyatt
Ms. Ida Castillo, Pro Se 11546 Riverview Drive
5437 FM 541 Houston, Texas 77077
McCoy, Texas 78113
Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust Page 5 of6
Via Certified Mail, Return Receipt Via First Class Mail
Requested Mr. William H. Yoes
Mr. Paul Prince The Y oes Law Firm, LLP
22 Sandlewood Trail Compass Bank Building
Beaumont, Texas 77706 3535 Calder Avenue, Suite 235
Beaumont, Texas 77726-7584
Via Certified Mail, Return Receipt
Requested Via First Class Mail
Texas Tech Loyalty Fund Mr. James L. Anthony
PO Box 401081 Assistant Attorney General
Lubbock, Texas 79408-1081 Charitable Trusts Section
Financial and Tax Litigation Division
Via Certified Mail, Return Receipt P. 0. Box 12548 MC017
Requested Austin, Texas 78711-2548
St. Andrew's Presbyterian Church
1350 N. 23'ct Street Via Certified Mail, Return Receipt
Beaumont, Texas 77706 Requested
St. Labre Indian School Educational Assoc.
Via Certified Mail, Return Receipt c/o Marge M. Rath, Director of Organizational
Requested Advancement
Humane Society of Southeast Texas P.O. Box 216
2050 Spindletop Road Ashland, Montana 59003
Beaumont, Texas 77705
Via Certified Mail, Return Receipt
Requested
St. Labre Indian School Educational Assoc.
c/o Marge M. Rath, Director of Organizational
Advancement
2110 Overland Ave., Suite 115-B
Billings, Montana 59102
Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust Page 6 of6
//
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KIRKLEY & BERRYMAN, L.L.P ;.- :.
100 N. FOREST PARK BLVD., SUITE 220
FORT WORTH, TEXAS 76102
J. Lyndell Kirkley
Kirkley@kbblawyers.com TELEPHONE: 817.335.3311
B. Dan Berryman FACSIMILE: 817.335.7733
berrymanf@kbblawvers.com atorcum@kbbkmyers.com
Karin Knowles Cagle www.kbblawvers.com Edward Johnson
kcagleliilkbblawyers.com ejohnson@kbblawyers.com
February 11, 2013
Via Hand Delivery
Ms. Sharon Byrd
Clerk, 153'd District Court
7'h Floor
40 1 West Belknap
Fort Worth, Texas 76196
RE: Cause Number 153-232668-08, in the 153rd District Court of Tarrant County,
Texas; Virginia 0. Kinsel, et al. v. Jane Lindsey, et al.
Dear Ms. Byrd:
Enclosed for filing are the original and two (2) copies of Plaintiffs' Unopposed Motion
and Petition to ModifY the Terms of the Lesey B. Kinsel Trust along with several copies of our
proposed Order on the Motion to be filed in the above-referenced case. Please filethe motion
and submit the unopposed motion and order to Judge McCoy for her determination and
signature, and return two signed, file-marked copies to our office in the self addressed stamped
envelope delivered with this letter.
By copy of this letter, all counsel of record and all beneficiaries of the Lesey B. Kinsel
Trust have been forwarded a true and correct copy of the above described document as indicated
below.
Thank you for you for your assistance in this matter.
Yours very truly,
KIRKLEY & BERRYMAN, L.L.P.
Sean R. Looney
216/13 Letter to Clerk
cc: Via Certified Mail, Return Receipt Requested
Mr. Richard Bullock
Client 806 Yemassee Loop
The Villages, Florida 32162
Via Facsimile- 817.877.1863
Mr. William L. Kirkman Via Certified Mail, Return Receipt Requested
Mrs. Susanna Johnson Mrs. Sue Earl McReynolds
BOURLAND & KIRKMAN, L.L.P. 6762 Country Field
20 I Main Street, Suite 1400 San Antonio, Texas 78240
Fort Worth, Texas 76102
Via Certified Mail, Return Receipt Requested
Via Facsimile- 817.878.9712 The Estate of Joe Bullock, Deceased
Mr. Marshall M. Searcy, Jr. c/o Paul Bell, Executor of the Estate of Joe Bullock
Mr. Frank P. Greenhaw IV P.O.Box 698
KELLY, HART & HALLMAN, L.L.P. Mansfield, Washington, 98830
20 I Main Street, Suite 2500
Fort Worth, Texas 76102 Via Certified Mail, Return Receipt Requested
Attorney for Defendants Jackson Walker L.L.P. Mrs. Linnie Jo Wyatt
and Keith Branyon 11546 Riverview Drive
Houston, Texas 77077
Via Facsimile- 214.871.8209
Ms. Alison H. Moore Via Certified Mail, Return Receipt Requested
THOMPSON, COE, COUSINS, & IRONS, L.L.P. Mr. Paul Prince
700 North Pearl Street 22 Sandlewood Trail
25'h Floor, Plaza of the Americas Beaumont, Texas 77706
Dallas, Texas 7520 I
Attorney for Defendant, Terry Whiddon Via Certified Mail, Return Receipt Requested
Texas Tech Loyalty Fund
Via First Class Mail PO Box 401081
Mr. Scott Kinsel Lubbock, Texas 79408-1081
SCOTT KINSEL, P.C.
8708 South Congress, Suite B200 Via Certified Mail, Return Receipt Requested
Austin, Texas 78745 St. Andrew's Presbyterian Church
1350 N. 23'• Street
Via First Class Mail Beaumont, Texas 77706
Ms. Frances Garza, Pro Se
5435 FM 541 Via Certified Mail, Return Receipt Requested
McCoy, Texas 78113 Humane Society of Southeast Texas
2050 Spindletop Road
Via First Class Mail Beaumont, Texas 77705
Ms. Ida Castillo, Pro Se
5437 FM 541 Via Certified Mail, Return Receipt Requested
McCoy, Texas 781 13 St. Labre Indian School Educational Assoc.
c/o Marge M. Rath, Director of Organizational
Via Certified Mail, Return Receipt Requested Advancement
Mr. William Ashley Kinsel 2110 Overland Ave., Suite 115-B
PO Box454 Billings, Montana 59102
Marion, Texas 78124
2/6/!3 Letter to Clerk 2
Via First Class Mail Via Certified Mail, Return Receipt Requested
Mr. William H. Yoes St. Labre Indian School Educational Assoc.
The Yoes Law Firm, LLP c/o Marge M. Rath, Director of Organizational
Compass Bank Building Advancement
3535 Calder Avenue, Suite 235 P.O.Box216
Beaumont, Texas 77726-7584 Ashland, Montana 59003
Via First Class Mail
Mr. James L. Anthony
Assistant Attorney General
Charitable Trusts Section
Financial and Tax Litigation Division
P. 0. Box I2548 MC017
Austin, Texas 787 I I -2548
2/6/13 Letter to Clerk 3
Preview
TARP.,,~!,LEp ... T cnu·,··· ~ - ,,, ;Jy CAUSE No. 120fj(f_fif~-/08 AH/1:35 VIRGINIA 0. KINSEL, eta!., I I§' ; : •· · :• . IN THE DISTRICT COURT OF Plaintiffs, ~ ~o,srn~c~;.i:LrJ}DEH § v. § TARRANT COUNTY, TEXAS § JANE 0. LINDSEY, eta!., § § Defendants. § 153RD JUDICIAL DISTRICT UNOPPOSED MOTION AND PETITION TO MODIFY THE TERMS OF THE LESEY B. KINSEL TRUST COME NOW, Plaintiffs, Virginia 0. Kinsel, as executrix of the estate of J. Frank Kinsel, J. Frank Kinsel Jr., Carole Edwards, and Catherine Collins, Intervenor Joe Bob Kinsel (herein collectively, "Plaintiffs") joined by Trustee, Brent Keis,(herein," Trustee") and Defendants, Jane 0. Lindsey and Robert N. Oliver (herein collectively,"Defendants") and file this, their Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust and would respectfully show the Court the following: I. FACTS 1. On December 28, 2012, Judge Curry signed a Final Judgment in the above styled and numbered cause. The Judgment removed the Successor Co-Trustees and appointed Brent Keis as Trustee of the Lesey B. Kinsel Trust (herein, the "Trust") to administer and distribute the assets of the Trust. 2. The original Trust Agreement created by Lesey B. Kinsel states that,"[n]o individual serving as Trustee shall receive compensation for service as Trustee." 3. Plaintiffs and Defendants are all named beneficiaries ofthe Trust. Plaintiffs, Defendants and Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust Page I of6 the Trustee all agree that the Trustee should be reasonably compensated for his time spent administering and distributing the Trust's assets. In accordance with that agreement, Plaintiffs, Defendants, and the Trustee now file this unopposed motion to modify the terms of the Trust to allow for the Trustee to be compensated. II. ARGUMENT AND AUTHORITIES 4. Section 112.054 of the Texas Property Code states, in part, the following: "On the petition of a trustee or a beneficiary, a court may order that ... the terms of the trust be modified, that the trustee be directed or permitted to do acts that are not authorized or that are forbidden by the terms of the trust. .. if... (2) because of circumstances not known to or anticipated by the settler, the order will further the purposes of the trust." TEX. PROP. CODE§ 112.054(a)(2). Any modification under this section must "conform as nearly as possible to the probable intent of the settlor." TEX. PROP. CODE§ 112.054(b). 5. All parties agree that the current circumstances surrounding the Trust could not have been anticipated by Lesey Kinsel. This is evidenced by the fact that the Trust Agreement does not name a successor trustee beyond the two Co-Trustees that have already been removed by the Court, nor a method for naming a successor trustee. 6. No party is challenging that the change would defeat the intent of the Trust. The overarching purpose of the Trust was to provide for the needs ofLesey Kinsel during her lifetime, and then upon her death to distribute the assets of the Trusts to the named beneficiaries. The parties agree that it is necessary to appoint a Trustee in order to avoid waste, ensure that the Trust is administered properly and that the assets of the Trust are distributed properly. No Trustee is likely to undertake this obligation without receiving compensation. Allowing the Trustee to be compensated is the only way to see that Lesey's intentions are carried out. Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust Page2 of6 7. The Trustee appointed by Judge Curry has stated, and the parties have agreed, that reasonable compensation for the Trustee would be $200.00 per hour. The Trustee has stated that he will provide itemized statements of his time spent administering the Trust along with details of the work performed by the Trustee to all beneficiaries on a monthly basis before receiving his compensation from the Trust. The Trustee has indicated that if this compensation plan is not approved, he will withdraw as Trustee and the Court will need to appoint another substitute trustee. 8. Therefore, in the interest of the Trust and the beneficiaries, the parties and the Trustee move the Court to modify the Lesey B. Kinsel Trust and allow for the Trustee to be compensated in accordance with the parameters set forth in this Motion in order to avoid waste and unnecessary delay in the administration and distribution of the Trust. III. PRAYER WHEREFORE, the Trustee, Plaintiffs and Defendants pray that the Court sign an order modifying the terms of the Lesey B. Kinsel Trust to allow the Trustee to be compensated from the Trust in accordance with the payment terms set forth in this motion. Respectfully Submitted, By:___::__~~~~- J. Lyndell Kirkley Texas State Bar No. 11523000 Sean R. Looney Texas State Bar No. 24050949 KIRKLEY & BERRYMAN, L.L.P. 100 N. Forest Park Blvd., Suite 220 Fort Worth, Texas 76102 Telephone: 817.335.3311 Facsimile: 817.335.7733 Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust Page 3 of6 ATTORNEYS FOR PLAINTIFFS Jones, Allen & Fuquay, L.L.P. 8828 Greenville Avenue Dallas, Texas 76243-7143 Telephone: 214.343.7400 Facsimile: 214.343.7455 ATTORNEY FOR J. FRANK KINSEL, JR Agreed to as to form and substance by: Mr. Bill Kirkman Brent Keis BOURLAND & KIRKMAN LLP Trustee of the Lesey B. Kinsel Trust Attorneys for Defendants, Jane Lindsey and Robert Oliver Certificate of Conference On January 22, 2013, counsel for the Plaintiffs corresponded with counsel for Defendants Jackson Walker LLP and Keith Branyon with regard to the merits of this motion. Defendants Jackson Walker LLP and Keith Branyon are unopposed to the motion. Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust Page4of6 ATTORNEYS FOR PLAINTIFFS and Mr. Lindy Jones State Bar No. 10925500 Jones, Allen & Fuquay, L.L.P. 8828 Greenville A venue Dallas, Texas 76243-7143 Telephone: 214.343.7400 Facsimile: 214.343.7455 ATTORNEY FOR J. FRANK KINSEL, JR Agreed to as to form and substance by: Mr. Bill Kirkman BouRLAND & KIRKMAN LLP Attorneys for Defendants, Jane Lindsey and Robert Oliver Certificate of Conference On January 22, 2013, counsel for the Plaintiffs corresponded with counsel for Defendants Jackson Walker LLP and Keith Branyon with regard to the merits of this motion. Defendants Jackson Walker LLP and Keith Branyon are unopposed to the motion. Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust Page 4 of6 -fh~~,, .. ,. ......·.·-._: __ / . . ATTORNEYS FOR PLAINTIFFS ' and Mr. Lindy Jones StateBarNo.l0925500 Jones, Allen & Fuquay, L.L.P. 8828 Greenville Avenue Dallas, Texas 76243-7143 Telephone: 214.343.7400 Facsimile: 214.343.7455 ATTORNEY FOR J. FRANK KINSEL, JR Agreed to as to form !Mi~"K.Il!!Jby: Brent Keis BOURLAND & K.!R Trustee of the Lesey B. Kinsel Trust Attorneys for Defendants, Jane Lindsey and Robert Oliver Certificate of Conference On January 22, 201:3, counsel for the Plaintiffs corresponded with counsel for Defendants Jackson Walker LLP and Keith Branyon with regard to the merits of this motion. Defendants Jackson Walker LLP and Keith Branyon are unopposed to the motion. Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust Page 4 of6 Certificate of Service This is to certify that a true and correct copy of the above and foregoing instrument was se~d in accordance with the Texas Rules of Civil Procedure on this the ~day of ?'6cVGJ""\/ , 2013_, on the following counsel of record and on the beneficiaries of the Lesey B. Kfnsel Trust: . Via Facsimile- 817.878.9712 Via Certified Mail, Return Receipt Mr. Marshall M. Searcy, Jr. Requested Mr. Frank P. Greenhaw IV Mr. William Ashley Kinsel KELLY, HART & HALLMAN, L.L.P. PO Box454 201 Main Street, Suite 2500 Marion, Texas 78124 Fort Worth, Texas 76102 Attorney for Defendants Jackson Walker Via Certified Mail, Return Receipt L.L.P. and Keith Branyon Requested Mr. Richard Bullock Via Facsimile 214.871.8209 806 Yemassee Loop Ms. Alison H. Moore The Villages, Florida 32162 THOMPSON, COE, COUSINS, & IRONS, L.L.P. 700 North Pearl Street Via Certified Mail, Return Receipt 25th Floor, Plaza of the Americas Requested Dallas, Texas 75201 Mrs. Sue Earl McReynolds Attorney for Defendant, Terry Whiddon 6762 Country Field San Antonio, Texas 78240 Via First Class Mail Mr. Scott Kinsel Via Certified Mail, Return Receipt SCOTT KINSEL, P.C. Requested 8708 South Congress, Suite B200 The Estate of Joe Bullock, Deceased Austin, Texas 78745 c/o Paul Bell, Executor of the Estate of Joe Bullock Via First Class Mail P.O. Box 698 Ms. Frances Garza, Pro Se Mansfield, Washington, 98830 5435 FM 541 McCoy, Texas 78113 Via Certified Mail, Return Receipt Requested Via First Class Mail Mrs. Linnie Jo Wyatt Ms. Ida Castillo, Pro Se 11546 Riverview Drive 5437 FM 541 Houston, Texas 77077 McCoy, Texas 78113 Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust Page 5 of6 Via Certified Mail, Return Receipt Via First Class Mail Requested Mr. William H. Yoes Mr. Paul Prince The Y oes Law Firm, LLP 22 Sandlewood Trail Compass Bank Building Beaumont, Texas 77706 3535 Calder Avenue, Suite 235 Beaumont, Texas 77726-7584 Via Certified Mail, Return Receipt Requested Via First Class Mail Texas Tech Loyalty Fund Mr. James L. Anthony PO Box 401081 Assistant Attorney General Lubbock, Texas 79408-1081 Charitable Trusts Section Financial and Tax Litigation Division Via Certified Mail, Return Receipt P. 0. Box 12548 MC017 Requested Austin, Texas 78711-2548 St. Andrew's Presbyterian Church 1350 N. 23'ct Street Via Certified Mail, Return Receipt Beaumont, Texas 77706 Requested St. Labre Indian School Educational Assoc. Via Certified Mail, Return Receipt c/o Marge M. Rath, Director of Organizational Requested Advancement Humane Society of Southeast Texas P.O. Box 216 2050 Spindletop Road Ashland, Montana 59003 Beaumont, Texas 77705 Via Certified Mail, Return Receipt Requested St. Labre Indian School Educational Assoc. c/o Marge M. Rath, Director of Organizational Advancement 2110 Overland Ave., Suite 115-B Billings, Montana 59102 Unopposed Motion and Petition to Modify the Terms of the Lesey B. Kinsel Trust Page 6 of6 // ~ KIRKLEY & BERRYMAN, L.L.P ;.- :. 100 N. FOREST PARK BLVD., SUITE 220 FORT WORTH, TEXAS 76102 J. Lyndell Kirkley Kirkley@kbblawyers.com TELEPHONE: 817.335.3311 B. Dan Berryman FACSIMILE: 817.335.7733 berrymanf@kbblawvers.com atorcum@kbbkmyers.com Karin Knowles Cagle www.kbblawvers.com Edward Johnson kcagleliilkbblawyers.com ejohnson@kbblawyers.com February 11, 2013 Via Hand Delivery Ms. Sharon Byrd Clerk, 153'd District Court 7'h Floor 40 1 West Belknap Fort Worth, Texas 76196 RE: Cause Number 153-232668-08, in the 153rd District Court of Tarrant County, Texas; Virginia 0. Kinsel, et al. v. Jane Lindsey, et al. Dear Ms. Byrd: Enclosed for filing are the original and two (2) copies of Plaintiffs' Unopposed Motion and Petition to ModifY the Terms of the Lesey B. Kinsel Trust along with several copies of our proposed Order on the Motion to be filed in the above-referenced case. Please filethe motion and submit the unopposed motion and order to Judge McCoy for her determination and signature, and return two signed, file-marked copies to our office in the self addressed stamped envelope delivered with this letter. By copy of this letter, all counsel of record and all beneficiaries of the Lesey B. Kinsel Trust have been forwarded a true and correct copy of the above described document as indicated below. Thank you for you for your assistance in this matter. Yours very truly, KIRKLEY & BERRYMAN, L.L.P. Sean R. Looney 216/13 Letter to Clerk cc: Via Certified Mail, Return Receipt Requested Mr. Richard Bullock Client 806 Yemassee Loop The Villages, Florida 32162 Via Facsimile- 817.877.1863 Mr. William L. Kirkman Via Certified Mail, Return Receipt Requested Mrs. Susanna Johnson Mrs. Sue Earl McReynolds BOURLAND & KIRKMAN, L.L.P. 6762 Country Field 20 I Main Street, Suite 1400 San Antonio, Texas 78240 Fort Worth, Texas 76102 Via Certified Mail, Return Receipt Requested Via Facsimile- 817.878.9712 The Estate of Joe Bullock, Deceased Mr. Marshall M. Searcy, Jr. c/o Paul Bell, Executor of the Estate of Joe Bullock Mr. Frank P. Greenhaw IV P.O.Box 698 KELLY, HART & HALLMAN, L.L.P. Mansfield, Washington, 98830 20 I Main Street, Suite 2500 Fort Worth, Texas 76102 Via Certified Mail, Return Receipt Requested Attorney for Defendants Jackson Walker L.L.P. Mrs. Linnie Jo Wyatt and Keith Branyon 11546 Riverview Drive Houston, Texas 77077 Via Facsimile- 214.871.8209 Ms. Alison H. Moore Via Certified Mail, Return Receipt Requested THOMPSON, COE, COUSINS, & IRONS, L.L.P. Mr. Paul Prince 700 North Pearl Street 22 Sandlewood Trail 25'h Floor, Plaza of the Americas Beaumont, Texas 77706 Dallas, Texas 7520 I Attorney for Defendant, Terry Whiddon Via Certified Mail, Return Receipt Requested Texas Tech Loyalty Fund Via First Class Mail PO Box 401081 Mr. Scott Kinsel Lubbock, Texas 79408-1081 SCOTT KINSEL, P.C. 8708 South Congress, Suite B200 Via Certified Mail, Return Receipt Requested Austin, Texas 78745 St. Andrew's Presbyterian Church 1350 N. 23'• Street Via First Class Mail Beaumont, Texas 77706 Ms. Frances Garza, Pro Se 5435 FM 541 Via Certified Mail, Return Receipt Requested McCoy, Texas 78113 Humane Society of Southeast Texas 2050 Spindletop Road Via First Class Mail Beaumont, Texas 77705 Ms. Ida Castillo, Pro Se 5437 FM 541 Via Certified Mail, Return Receipt Requested McCoy, Texas 781 13 St. Labre Indian School Educational Assoc. c/o Marge M. Rath, Director of Organizational Via Certified Mail, Return Receipt Requested Advancement Mr. William Ashley Kinsel 2110 Overland Ave., Suite 115-B PO Box454 Billings, Montana 59102 Marion, Texas 78124 2/6/!3 Letter to Clerk 2 Via First Class Mail Via Certified Mail, Return Receipt Requested Mr. William H. Yoes St. Labre Indian School Educational Assoc. The Yoes Law Firm, LLP c/o Marge M. Rath, Director of Organizational Compass Bank Building Advancement 3535 Calder Avenue, Suite 235 P.O.Box216 Beaumont, Texas 77726-7584 Ashland, Montana 59003 Via First Class Mail Mr. James L. Anthony Assistant Attorney General Charitable Trusts Section Financial and Tax Litigation Division P. 0. Box I2548 MC017 Austin, Texas 787 I I -2548 2/6/13 Letter to Clerk 3