Estate of Alan Morgan Humphrey ( 2015 )

. SPENCER
ACCEPTED
05-15-00589-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
WWW.Sl’ENCERLAWPC.COM R, K E V N S 1>9/22/2015
1 E N (3 R 3:36:36 PM
1.;
LISA MATZ
E. CLERK
BRENDAN P. l-IARVELL
TIMOTHY J. MILLER
ALEXANDRA L. WALES
FILED IN
MAXWELL
5th COURT S. BAYMAN
OF APPEALS
September 22, 2015 DALLAS, TEXAS
9/22/2015 3:36:36 PM
LISA MATZ
Fifth Court of Appeals Clerk
VIA E-FILING
George L. Allen, Sr. Courts Bldg.
600 Commerce Street, Suite 200
Dallas, Texas 75202-4658
Re: Estate ofAlan Morgan Humphrey, Deceased; ,
Cause No. 05-15-00589-CV— Fifth Court ofAppeals
3
Dear Fifth Court of Appeals:
On May 8, 2015, Denna Shaw (“Ms. Shaw” or “Appellant”), pro se, filed a Notice of
Appeal in the above—referenced matter seeking to appeal a Final Judgment signed and entered by
the Dallas County Probate Court, Number Three (the “Probate Court”), in Cause No. PR-13-
02943-3 related to an alleged breach of contract. Apparently, as part of her docketing statement,
Ms. Shaw included George Alexander Carlson (“Mr. Carlson”) as a party to her appeal. However,
while a party of record, Mr. Carlson was n_0t a party to the underlying breach of contract action in
the Probate Court. In fact, Mr. Carlson attempted to intervene in the breach of contract action by
filing a Plea in Intervention, Original Answer and Response to Breach of Contract Claim (the
“Plea in Intervention”), but the Probate Court granted a Motion to Strike Intervention filed by
Roger Humphrey (“Mr. Humphrey” or “Appellee”) and prohibited Mr. Carlson from intervening
(since he was not a party to the underlying and disputed contract). As a result, Mr. Carlson was
not included in nor was he a party to the bench trial on the breach of contract action in the Probate
Court, which is the subject of this appeal. A true and correct copy of the Final Judgment listing
the Parties thereto is attached hereto as Exhibit “A ”.
Despite not being a party to the underlying breach of contract action, Mr. Carlson and his
prior counsel, R. Kevin Spencer, Zachary E. Johnson and Brendan P. Harvell, and their law firm,
SPENCER LAW, P.C. (collectively, the “Spencer Group”), were included in the pro se appellate
filings by Appellant. While the Spencer Group has never entered an appearance in this appeal,
this letter is to serve as notice to the Fifth Court of Appeals that the Spencer Group no longer
represents Mr. Carlson in the Probate Court and that the Probate Court has previously signed an
Order Granting Amended Motion to Withdraw as Counsel. A true and correct copy of the Order
GrantingAmended Motion to Withdraw as Counsel is attached hereto as Exhibit “B”. As a result,
the Spencer Group respectfully requests that the Fifth Court of Appeals remove them from the
appellate docket and all future correspondences and filings.
2010 Ross TOWER, 500 N. AKARD STREET, DALLAS, TX 75201 (214) 965-9999 FAX: (214) 965-9500
Fifih Court of Appeals
September 22, 2015
Page 2 of 2
If you have any questions, please give me a call.
Sincerely yours,
Brendan P. Harvell
Enclosures
xc: Alex Carlson - VIA E-MAIL
Nathan K. Griffin - VIA E-FILE
Brandy Baxter-Thompson - VIA E-FILE
Deena Shaw - VIA E-MAIL
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CAUSE NO. PR-13-2943-3
I
ESTATE OF § IN THE PROBATE COURT
’
§
V
ALAN MORGAN l-IUMPHREY § NUMBER THREE OF
_
§
DECEASED. § DALLAS COUNTY, TEXAS
FINAL JUDGMENT
On January 12, 2015, a trial was held in this cause on Roger Humphrey’s Supplemenl to
Defendant ’.v
Original Answer to Plaz‘ntxfi"s Original .Petitz'or’z, Counterclaim, and Request for
Disclosure whereby Roger Humphrey asserted a» cause of action for Breach of Contract against
Denna Shaw. ROGER I-IUMBHREY (“Roger”) appeared through his attorney, Brandy Baxter-
Thompson; GEORGE H. ABNBY, Independent Executor of the Estate of Alan Morgan Humphrey,
Deceased, (“George”) appeared in person and through his attorney of record, Nathan K. Griffin; and
DENNA SHAW (“Denna”) appeared pro se (collectively, the “Parties”); and all Parties announced
ready for trial. No jury having been requested, the matter proceeded to trial ‘before the Court. The
Court, having considered the testimony of the witnesses, the documents admitted into evidence, and
the arguments of counsel, is of the ‘opinion that Judgment should be entered in favor of the
Defendant, Roger Humphrey, and Judgment should be entered against Denna Shaw.
IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that the agreement
announced in open court on the record on July 22, 2014, is a binding agreement on the parties thereto
to read as set forth in Exhibit “A” and is incorporated by reference as if set forth in full herein; that
Denna Shaw has failed to perform in accordance with the terms of the agreement; and that Denna
Shaw’s nonperforinariee has resulted in damages in the amount of $24,478.45.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the George Abney, as ‘
Independent Executor of the Estate of Alan Morgan-Humphrey, Deceased, have and recover
’ from
'i'>'n—1§—uE§4'§—a'
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Denna Shaw the sum of $24,478.45. Efnuummm
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FINAL JUDGMENT — Page 1
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CAUSE NO. PR-13-2943-3
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that George Abney, as
Independent Executor of the Estate of Alan Morgan Humphrey, Deceased, have and recover
0
reasonable and necessary attomeys’_ fees in the amount of $5,600.00 from Denna Shaw,
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Roger Humphrey have
and recover his reasonable and necessary attorneys’ fees in the amount of $ 10, 622.50 from Denna
Shaw.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the judgment herein
rendered shall bear post-judgment interest at the rate of 5% per annum from the date of judgment
until paid.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all appropriate writs and
'
other process may issue to enforce this Final Judgment.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all relief not expressly
granted in this Final Judgment is hereby DENIED. _
SIGNED, ORDERED AND ENTERED this [0 day 0 gammy, 15.
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FINAL JUDGMENT -- Page 2
EXHIBIT “A”
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“CAUSE No. PR—l3—02943—3
IN THE MATTER OF, ) IN THE PROBATE COURT
THE MARRIAGE OF )
)
)
ALAN MORGAN HUMPHREY ) DALLAS, TEXAS
Decedent, )
and )
DENNA SHAW )
Applicant, )
AND IN THE ESTATE OF )
ALAN MORGAN HUMPHREY ) No. 3 JUDICIAL DISTRICT
*******fi******************
REPORTER‘S RECORD
10
AGREEMENT
ll
‘k*‘k*‘k'k*'k****'k3\"I(*‘k***‘k‘k*irir*
12
ll
On the 22nd day of July, 2013 the following
14
proceedings came on to be heard in the above—entit1ed
15
and'numhered cause before the Honorable Associate John
16
Peyton, JUDGE presiding, held in Dallas, Dallas
17
County, Texas:
18
Proceedings reported by Machine shorthand.
19
20
21
22
23
24
25
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A P P E A R A N c E S
2
FOR DECEDENT ALAN MORGAN HUMPHREY
3 D. WOODARD GLEN, P.C.
NATHAN GRIFFIN
4 Attorney at Law
‘
Independent Executor
5 2626 Cole Avenue
Ste. 510
6 Dallas, Texas 75204
2l4~758-3000
8 FOR THE APPLICANT DENNA SHAW, INDIVIDUALLY
STEVEN ALDOUS
9 ALDOUS—STEVEN E.
Attorney at Law
10 500 Crescent Court
Dallas, Texas 75231
11 214—716~21OO
’
12
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FOR THE NECESSARY PARTIES:
13 BRANDY BAXTER THOMPSON
CALLOWAY, NORRIS, BURDETTE, & WEBER, PLLC
14 Attorney at Law
440 Turtle Creek Center
15 3811 Turtle Creek Blvd.
Dallas, Texas 75219
16
17
18
.19
20
21
22
23
24
25
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EXAMINATION INDEX
MRS. DENNA SHAW
DIRECT BY MR. GRIFFIN . . . . 11
CROSS BY MS. THOMPSON ‘l5
MR. GEORGE ABNEY
DIRECT BY MR. GRIFFIN 17
DR. ROGER LEE HUMPHREY
DIRECT BY MS. THOMPSON is
MS. PATRICIA LYNN HUMPHREY
DIRECT BY MS. THOMPSON . . . . 19
10 MS. PATSY HUMPHREY
DIRECT BY MS. THOMPSON . . 20
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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THE COURT: Good morning ladies and
gentlemen. You ready to proceed?
MR. ALDOUS: Yes, Your Honor.
THE COURT: If you would announce appearances
please, for the record. This is Cause PR~13—2943—3,
styled in the Estate of Alan Morgan Humphrey,'the
number which I just recited is a suit for declaratory
judgment versus ancillary to the Estate of Alan Morgan
Humphrey.
10 MR. ALDOUS: Steve Aldous for Petitioner
11 Denna Shaw.
12 ‘MR. GRIFFIN: Your Honor, Nathan Griffin for
13 George Abney one of the defendants in this matter, the
14 independent executor of the estate of Alan Humphrey.
l5 MS. THOMPSON: Your Honor, Brandy Baxter
l6 Thompson, attorney for Roger Humphrey, Sarah Humphrey,
17 Morgan Humphrey. And Your Honor, while I have not
18 made an appearance formerly on the record today, on
19 the record today I appear on behalf of Patsy Humphrey
20 and Pat Humphrey.
21 THE COURT: Very well. One housekeeping
22 matter that we need to attend to before we continue.
23 That is; my name is John Peyton. I'm hearing this in
24 my capacity as an Associate Judge for the Probate
25 Courts in Dallas County.
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Do you and each of you agree that I may hear
this in that capacity and that you will agree to waive
any appeal that you may have right to appeal that you
may have to the elected judge of the court, and an
agree to appeal any decision from my court directly to
the court of appeals?
MR. ALDOUS: Petitioner so waives.
MR. GRIFFIN: Petitioner, George Aoney so
waives, Your Honor.
10 MS. THOMPSON: My client's agree, Your Honor.
ll THE COURT: Very well. I understand that an
12 agreement has been reached in this matter.
13 MR. ALDOUS: Yes, Your Honor._ The parties to
14 the case have reached an agreement concerning the
15 matters in controversy.
16 And I'm not sure just exactly how you want,
17 whether or not you'll want to swear Mrs. Shaw in too.
18 We plan on proving it up right now in front of you.
19 And would let the, counsel, opposing counsel, recite
I
20 the terms. And I will either agree or we'll discuss
21 it unless you have a different way of proceeding.
22 MS. THOMPSON: That's fine.
23 THE COURT: All right.
24 MR. ALDOUS: Actually, I have it right here.
25 So let me go ahead.
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THE COURT: Okay. And if you, when and if
you want to elicit any testimony.from you client, we
will then swear her in. Or if you intend to do it
I'll go ahead and swear her in now.
MR. ALDOUS: We'll wait. Your Honor, so the
agreement I'm gonna recite the terms of the agreement
and hopefully I will recite them correctly. To the
extent I don't, I feel comfortable in the fact that
counsel will let me know.
10 In exchange for a release from Denna Shaw and
ll a potential release from Alex Morgan »- I mean,
12 Carlson, sorry. Alex Carlson who is one of the
13 residuary beneficiaries and who is Mrs. Shaw's son.
14 In exchange for a release from those two as flowing to
15 the estate and to the administration of the estate,
16 they will accept a deed for the home at 3650 Asberry,
17 Dallas, Texas 75205 to be further described and Meets
18 [and Bounds and for a general warranty deed provided to
19 them jointly.
20 In exchange for that, Mrs. Shaw will waive
21 any and all claims to the remainder of the estate and
22 that is also contemplated for Alex Carlson. That they
23 will not make anymore claims to any part of the estate
24 cash or any other property.of the estate.
25 All personal property in the possession of
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Mrs. Shaw and also Mr. Carlson will remain in their
possession other than two silver pheasants which are
firom the family of Mr. Humphrey.
The sterling silverware set that belonged to
Alan Humphrey's grandmother and the Red Fez which is a
hat which will also be provided.
Those items will be provided to me at my
office to be exchanged with the defense or with the
other side at the time the deed is tendered and the
10 releases are provided.
11 Both sides will agree to pay their own fees
12 and expenses. All parties on the other side of the
13 Case have agreed not to participate or actively assist
14 in defense of a medical malpractice case that might be
15 brought on behalf of Mrs. Shaw relating to the death
16 of Alan Humphreys._ But we recognize that in the event
17 they are subpoenaed to testified that they will comply
13 with any compulsory of that subpoena. And that would
19 not be a violation of this agreement.
2o Both sides agreed to execute mutual releases
21 saying they release the other party from any and all
22 claims. All of this is agreed to by Mrs. Shaw,
23 however; Mr. Carlson who is of the age of majority has
'24 to consult with his attorney and will have to agree to
25 any of these terms.
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An enforcement of this agreement will be
subject to the other sides desires and wishes even if,
no matter what Mr. Carlson does, in otherwords, it's
out of Mrs. Shaw's hands. It is now in the hands of
the other side. One moment, Your Honor.
(Short pause in proceedings)
MR. ALDOUS: That's right. The cars which
are part of the personal property will remain in the
possession of Mrs. Shaw and Mr. Carlson which is the
10 truck and the other car, the Mercedes.
ll -So I believe that states the substance of the
12 agreement. And I'll look for them to add anything
13 else that they feel necessary.
14 MS. THOMPSON: One thing I would like to
15 ‘correct for the record, Your Honor, is Mr. Aldous
16 reference of the general warranty deed. I don"t
17 believe there was a discussion about the specific type
18 of deed.
19 And I believe our clients would be willing to
20 sign -— or the estate will be willing to sign a deed
21 without warranty or a special warranty deed, not a
22 general warranty deed.
23 Furthermore, Your Honor, there is a mortgage
24 on the property and we want to make it clear that
25 Mrs. Shaw and her son Alex will be deeded the property
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and they will assume all debt related to that house
including taxes, insurance, and the mortgage. The
estate has paid the mortgage through today and upon
the transfer of the deed then Mrs. Shaw and her son
Alex will assume all of that debt.
,Furthermore, it's my understanding, Your
Honor, that all of the parties understand that this
will be reduced to writing. There will be a formal
settlement agreement that will include the terms and
10 it may also include additional language to further
.11 state the claim, state the terms clearer. So that
12 that will be a requirement for all the parties to sign
13 off on.
14 THE COURT: Mr. Aldous?
15 MR. ALDOUS: The only thing that I would add
16 is that all outstanding expenses related to the home
17 would be paid up—to-date at the time of the transfer.
18 And that all documents related to the mortgage and all
19 the ongoing expenditures will be provided to us to
20 allow us to continue those payments.
21 The special warranty deed is fine. The --
22 reducing it to writing is appropriate. I would also
23 state that one of the terms of the agreement that
24 we‘ve discussed is confidentiality. other than
25 advisers who assist each of the parties with respect
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to taxes and so forth that the terms and agreement
made here today will remain confidential other than to
those advisers.
And in terms of a deadline for Mr. Carlson to
either accept or reject, I did not discuss that with
them other than I know that the lawyer he's been
consulting with is out until Wednesday. I would ask
for —— until midweek next week.
MR. GRIFFIN: How about the end of business
10 on Monday, would that be sufficient?
11 MR. ALDons; I think that's sufficient.
12 THE COURT: Mr. Griffin?
13 MR. GRIFFIN: And one other thing, Your
14 Honor, it goes without saying, but I'd say it anyway,
15 that this matter will be dismissed with prejudice.
16 MR. ALDOUS: Correct.
17 THE COURT: The action now pending before the
18 court cause number we're talking about today will be
19 dismissed with prejudice.
20 MR. ALDoUs:' Correct.
21 MR. GRIFFIN: Correct.
22 THE COURT: All right. Mr. Aldous does the
23 recitation into the record this morning, does that
24 recite the entire agreement of the parties?
25 MR. ALDOUS: It does. And at this time, I
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call Denna Shaw.
THE COURT: We will get to you. Mr. Griffin
does the recitation recite the entire agreement of the
parties?
MR. GRIFFIN: It does, Your Honor.
THE COURT: Mrs; Brandy Baxter Thompson, same
question?
MS. THOMPSON: Yes, Your Honor.
THE COURT: All right. Mrs. Shaw, if you'll
10 come forward up here and take the witness stand.
11 Raise your right hand. Please be seated and speak
12 directly into that microphone.
13 THE WITNESS: Okay.
14 MR. GRIFFIN: Ma'am, if you would, the young
15 lady that's right in front of you is taking down your
16 testimony needs to hear everything you have to say.
17 So make sure you speak loud enough for her to hear.
18 All right.
19 THE WITNESS: Okay.
20 MRS, DENNA SHAW.
21 having been first duly sworn, testified as follows:
22 DIRECT EXAMINATION
23 BY MR. GRIFFIN:
24 Q. You understand that we're here today to prove
25 up a resolution of your claims against the estate to
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establish you as the common law spouse of Alan
Humphreys?
A. Yes.
Q. And you understand that you‘ve agreed to
accept the home at 3650 Asberry paid up—to-date at the
time of the transfer to you in exchange for waiving
any other claims you might have against the estate?
A. Correct.
Q. And you understand that your son Alex has to
10 have his own separate agreement to also agree to have
ll «that home deeded to both you and he?
12 A. Yes.
13 Q. And you understand that Alex is going to
14 consult with a lawyer to protect his own rights?
15 A. Yes.
16 Q. And you also understand that you'll be
17 provided a special warranty deed which is a type of
18 deed in exchange for a release from you, releasing all
19 those parties related to the estate?
20 A. I understand I have a deed. I don't know the
21 differences between them.
22 Q. Okay. I understand that. Other than the
23 part about the type of deed though you understand
24 you'll be getting the property, and you'll be
25 releasing people?
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13.
A. Correct.
Q. And you understand that you will have no
further claims against the estate after this
proceeding, after this agreement, if it becomes final?
A. This only pertains to me, correct?
Q, That's correct.
A. Correct.
Q. Now, you also understand that the cars that
are in your possession will remain in your possession
10 and will remain yours?
11 A. Yes.
12 Q. You also understand that the personal
13 property in your possession will remain in your
14 possession other than the two silver pheasants, the
15 sterling silverware set that belonged to Alan's
16 grandmother and the Red Fez, you understand that;
17 right?
18 A. Yes, sir.
19 Q. And you understand that you're gonna deliver
20 those to me so that I can provide those to the other
21 side at the consummation of this settlement?
22 A. Yes. But may I say something on the record?
23 Q. Sure.
24 A. I've not been able to locate the hat they're
25 talking about.
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Q. ‘All right. Well, you agree here on the
record to make a diligent search, that means, to
search as much as you can to find whatever it is that
they've asked for?
A. Yes, sir.
Q. All right. And you also understand that both
sides have agreed to pay their own fees and expenses.
In other words, you cannot ask them to pay any of my
fees and expenses. And they cannot ask you to pay any
1o of their fees and expenses?
11 A. Yes.
12 Q. And you also understand that as part of this
the parties on the other side have agreed not to
I
13
14 actively assist or help any defendant in a potential
15 medical malpractice case that you might file on
16 behalf —- on your behalf, against those who treated
17 Alan prior to his death?
13 A. Yes.
19 Q. And you understand that, they, if they are
2o subpoenaed to testify or otherwise compelled to
21 testified that that would not be a breach of this
22 agreement?
23 A. Yes.
24 Q. And you understand that as part of the
25 settlement agreement, lawyers typically sit down and
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type out a settlement agreement and present it to each
party for signature. And you understand that that's
part of what the process will be here?
A. Yes, sir.‘
0. All right. With all that said, do you agree
to resolve the case as we've discussed?
A. Yes.
MR. ALDOUS: I pass the witness, Your Honor.
THE COURT: Any questions for this witness?
10 MR. GRIFFIN: No question, Your Honor.
ll MS. THOMPSON: Mrs. Shaw, I just have a
12 couple of quick questions for you.
13 CROSS—EXAMINATION
14 BY MS. THOMPSON:
15 Q. The agreement that your attorney just went
16 over with you, you've discussed that with him,
17 correct?
18 A. Yes.
19 Q. Okay. And do you understand all of the terms
20 that he has outlined for you?
21 A. I think I do.
22 Q: Okay, You understand that today by stating,
23 you know, on the record that you are in agreement with
24 this and that this is a binding agreement and it's
25 irrevocable?
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A. I understood that ya'll could revoke it if
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you wanted to.
Q. But do you understand that you cannot, that
you're bound by the agreement, and that you cannot
revoke it once you have agreed, you consented to it;
correct?
A. Yes.
Q. Okayi
MS. THOMPSON: Nothing further, Your Honor.
10 THE COURT: Mr, Aldous?
11 MRL ALDOUS: Nothing further, Your Honor.
12 THE CGURT: Ladies and gentlemen, I believe
13 that concludes the hearing.
14 MR. GRIFFIN; Your Honor, I think we'd like
15 to call our folks just to make sure everybody agrees.
1b THE COURT: Okay. You may. You most
17 certainly may.
18 MS. THOMPSON: Your Honor, would you like for
19 us to call the clients up one at a time to testify or
20 would it ——
21 MR. ALDOUS: I have no objection to having
22 them stand up there and nod at the witness stand, if
23 the court reporter can hear it.
24 THE COURT: All right. If ya'11 would all
25 stand up and accept the oath. Raise your right hands.
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(The witnesses were sworn)
THE WITNESSES: Yes.
THE COURT: You may proceed.
MR. GRIFFIN: I only have one client.
MR. GEORGE ABNEY,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. GRIFFIN:
Q. Mr. Abney, you are the Independent Executor
10 of the Estate of Alan Humphrey, are you not?
11 A. Yes, sir.
12 Q, Xou heard the terms of this agreement that
13 Mrs..Shaw testified to this morning, did you hear
14 that?
i
15 A. I did, sir.
16 Q. Is that the agreement that we have discussed
17 in this matter?
18 VA. Yes, sir.
19 Q. Is that the agreements that you've agreed to
20 in this matter?
21 A. Yes, sir.
22 Q; You consulted with me as well as the other
23 parties in this matter. And you believe it's in the
24 best interest of this estate?
25 A. Yes, sir.
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MR. GRIFFIN: Pass the witness, Your Honor.
MR. ALDOUS: No questions.
MS. THOMPSON: No questions.
DR. ROGER LEE HUMPHREY.
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. THOMPSON:
Q. would you have state your full name, please?
A. Dr. Roger Lee Humphrey.
10 Q. And Dr. Humphrey have you, you heard all of
11 the testimony provided earlier regarding the terms of
12 the settlement with respect to the estate of Alan
13 Humphrey?
14 A. I do.
15 Q. And you consulted with me, your attorney,
16 regarding those terms?
17 A. I have.
13 Q. And you do you agree and consent to the
19 settlement that has been outlined in the Courtroom
2o today?
21 A. I do.
22 Q. Okay. And you also have a power of attorney
23 for your son Morgan Humphrey and your daughter Sarah
24 Humphrey?
25 A. I do.
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Q. And you've also consulted with both of them
about this?
A. I have.
Q. And do they consent through you to the terms
of this settlement agreement?
A. They do.
Q. Okay. Would you state --
MS. THOMPSON: No further questions.
MR. GRIFFIN: No questions.
I0 MR. ALDOUS: No questions.
11 THE COURT: Call your next witness.
12 PATRICIA LYNN HUMPHREY,
13 having been first duly sworn, testified as follows:
14 DIRECT EXAMINATION
15 BY MS. THOMPSON:
16 Q. Mrs. Humphreys, would you state you full name
17 for the record?
18 A. Patricia Lynn Humphrey.
19 Q. And Mrs. Humphrey, you have heard all the
20 terms of the settlement agreement?
21 A. Yes.
22 Q. And you consulted with me regarding those
23 terms?
24 A. Yes.
25 Q. And you agree and consent to the terms as
MICAELA YNOSTROSA CERTIFIED COURT REPORTER,2l4-336-6283
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outlined today in the courtroom?
A. I do.
MS. THOMPSON: I pass the witness.
MR. ALDOUS: No questions.
MR. GRIFFIN: No questions, Your Honor.
MS. THOMPSON: Mrs. Humphrey.
THE WITNESS: Patsy Harrison Humphrey.
PATSY HUMPHREY.
having been first duly sworn, testified as follows:
10 >DIRECT EXAMINATION
11 BY MS. THOMPSON:
12 Q. And Mrs. Humphrey, you heard the testimony
13 today and all of the terms that regarding the
14 settlement agreement with respect to the claims that
15 have been made in the estate of Alan Humphrey?
16 A. I have.
17 Q. And you've discussed those terms with me?
18 A. Yes, I_have.
19 Q. Do you agree and consent to the terms of the
20 settlement?
21 A. Yes, I do.
22 MS. THOMPSON: Pass the witness.
23 MR. ALDOUS: No questions,
24 MR. GRIFFIN: No question, Your Honor.
25 THE COURT: All right. Anything further?
MICAELA YNOSTROSA CERTIFIED COURT REPORTER,2l4~336—6283
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MS. THOMPSON: I have no further witnesses,
Your Honor.
MR. GRIFFIN: Nothing further, Your Honor.
MR. ALDOUS: I'll close.
THE COURT: Everybody rest and close?
MS. THOMPSON: Close.
MR. GRIFFIN: Yes,.Your Honor.
MR. ALDOUS: Close.
THE COURT: I assume there's no argument?
10 MS. THOMPSON: None.
11 MR. GRIFFIN: None.
12 MR. ALDOUS: None, Your Honor.
13 THE COURT: Now, we're finished.
14 MR. ALDOUS: Thank you, Your Honor.
15 THE COURT: Thank you all for your efforts in
16 this case. I know it has been a somewhat arduous
17 undertaking.
18 MR. GRIFFIN: Thank you.
19 MS. THOMPSON: Thank you, Judge.
20 MR. ALDOUS; Thank you, Judge, for indulging
21 us.
22 (End of proceedings 9:57 a.m.)
23
24
25
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STATE OF TsxAs )
COUNTY OF DALLAS )d
I, Micaela Ynostrosa, Deputy Certified Court
Reporter in and for Probate Court No. 3 of Dallas
County, State of Texas, do hereby certify that the
above and foregoing contains a true and correct
transcription of all portions of evidence and other
proceedings requested in writing by counsel for the
parties to be included in this volume of the
10 Reporter's Record, in the above-styled and numbered
11 cause, all of which occurred in open court or in
I2 chambers and were reported by me.
13 I further certify that this Reporter's Record
14 of the proceedings truly and correctly reflects the
15 exhibits, if any, admitted by the respective parties.
16 I further certify that the total cost for the
17 preparation of this Reporter's Record isI
and was
1e paid/will be paid by.
19 WITNESS MY OFFICIAL HAND this the 11th day of
20 August, 2013.
21
Micaela Ynostrosa, Texas CSR 2869
22 IExpiration Date:_ 12/01/15
State of Texas, County of Dallas
23 1232 Hollywood Avenue
Dallas, Texas 75208
24 214-336—6283
25
MICAELA YNOSTROSA CERTIFIED COURT REPORTER,2l4—336—5283
Micaela.7@att.net
Q ORIGINAL
CAUSE No. PR-13-02943-3
IN RE: ESTATE OF § IN THE PROBATE COURT
4}
ALAN MORGAN HUMPHREY, § NUMBER THREE OF
§
DECEASED § DALLAS COUNTY, TEXAS
ORDER GRANTING AMENDED MOTION TO WITHDRAW AS COUNSEL
On this day, the Court considered R. Kevin Spencer, Zachary E. Johnson, Brendan P.
Harvcll, and SPENCER LAW, P.C.’s Amended Motion to Withdraw as Counsel (the “Amended
Motion”) for GEORGE ALEXANDER CARLSON. The Court, having reviewed the pleadings,
‘and having heard any and all objections, finds that the Amended Motion should in all things be
GRANTED.
IT IS THEREFORE ORDERED that R. Kevin Spencer, Zachary E. Johnson, Brendan
P. Harvell and SPENCER LAW, PC. are all hereby allowed to withdraw as attorneys and are
hereby fully and completely discharged as attorneys of record for GEORGE ALEXANDER
CARLSON and of all other duties and obli ation in this case.
"
SIGNED AND ORDERED 015.
e/A
B Peytow
the Probate Courts
.
/
. udée
\
of Dallgs
ORDER GRANTING MOTION To WITHDRAW As COUNSEL- Solo Page
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