Albert Hill, III v. Commissioner of Internal Revenue A.G. Hill Partners - Massinvestor Venture Capital and Private Equity Co. v. Dallas Area Rapid Transit, 369 F.3d 464, 467 (5th Cir. Id. On October 2, 2013, the 2020 Action was reassigned to the undersigned following the recusal of Judge O'Connor (who had presided over the matter for approximately sever years), which was followed by the recusals of Judges Lynn, Solis, Godbey, Boyle, Fitzwater, and Kinkeade. Date Event Type Description Document; 03/21/2017: Reply brief filed: State [ PDF/68 KB ] State Reply Brief [ PDF/85 KB ] Notice: 02/15/2017: Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? HILL, JR., Albert Galatyn Businessman and philanthropist Al G. Hill Jr., a devoted father and grandfather, died in his sleep Saturday night at his home in Dallas. On May 29, 2018, Washburne and Summers filed a motion in the 2020 Action seeking to enjoin Hill III from (1) contesting the Will, (2) challenging the disposition of Hill Jr.'s property in violation of the No. Accueil; Services; Ralisations; Annie Moussin; Mdias; 514-569-8476 A claim meets the plausibility test when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Margaret Hunt Hill - Alchetron, The Free Social Encyclopedia university of florida golf coach 2015, no pet.) They assert that Defendants, following the December 2, 2017 death of Hill III's father, Albert G. Hill, Jr. (Hill Jr.), have breached their duties owed to Plaintiffs in the GSA and Final Judgment by terminating and dissolving these trusts in 2016, rather than allowing them to terminate twenty-one years after the deaths of their initial beneficiaries. Plaintiffs' Complaint and this action are hereby dismissed with prejudice. Katherine Jane Preisinger. Factual Background and Procedural History. Albert Hill Obituary (1945 - 2017) - Dallas, TX - Dallas Morning News Trusts due to the Waiver of Standing Clause: Once Hill Jr. executed his Will in 2014 dictating that, upon his death, his powers of appointment over his equitable interests in the Hill Jr. Separately, the court concludes that Hill III lacks standing to assert any claims against Lyda Hill related to the HHTE because he released these claims in open court as part of the settlement. Hunt and his wife Lyda Bunker Hunt created trusts for their six children. Kokkonen, 511 U.S. at 377 (citations omitted). albert galatyn hill iii. III 3 (MHTE); Exhibit C to Pls.' Albert Hill Obituary (1945 - 2017) - Dallas, TX - Dallas Morning News Hill III sought an injunction to preserve the assets of the Hill Jr. ), or Galantine, is a recurring sword in the Final Fantasy series. LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. Albert Galatyn Hill IV. on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the familys trusts. Reply 10-11, Doc. Lyda Hill opposes Plaintiffs' Motion to Strike and, in her reply brief, she argues: Lyda Hill's Reply 2, Doc. See generally Hill v. Schilling, 495 Fed.Appx. On 12/07/2017 ESTATE OF ALBERT GALATYN HILL, Jr was filed as a Probate - Other Probate lawsuit. 2010) (citation omitted); see also Ulico Cas. The court will also take judicial notice of matters of public record. IV 3 (HHTE). The move is hardly a surprise, given the years Hill has spent battling a number of former attorneys who helped him access his trust fund in litigation that settled globally for Moreover, no reasonable person would have contemplated that Hill III related litigation that was settled by the GSA and Final Judgment in 2010 would be occurring almost 12 years later. App.-Corpus Christi 2012, pet. 1990, no writ)). They make similar allegations against Lyda Hill. Hunt, one of the worlds richest men when he died in 1974, said the opinion. The court agrees. Home; About Us; Services; Projects. 2020 Action, Doc. Statutory standing, also commonly referred to as prudential standing, is similar to constitutional standing and addresses whether a plaintiff is within the class of plaintiffs whom Congress has authorized to sue under a statute. Galatyn is a mid-ranked weapon for . 1331, 1332. The case status is Pending - Other Pending. PR-17-04117-2, Probate Court No. A party need not show a false representation or detrimental reliance to prove quasi-estoppel. Enjoy unlimited access to all of our incredible journalism, in print and digital. In accordance with the GSA, the Final Judgment dismissed the released claims with prejudice. The Judges overseeing this case are WARREN, INGRID and MONROE, LINCOLN. 1927. Trusts, and the Waiver of Standing provision in the GSA and Final Judgment, therefore, bars him from seeking relief in this court with respect to the trusts at issue. In this regard, a document that is part of the record but not referred to in a plaintiff's complaint and not attached to a motion to dismiss may not be considered by the court in ruling on a 12(b)(6) motion. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2. In accordance with Federal Rule of Civil Procedure 58(a), the court will issue a final judgment in favor of Defendants by a separate document. 1993)). I. The court and counsel for Hill III (Ms. Aldous) specifically confirmed on the record to Lyda Hill's counsel (Mr. Ikard) that claims relating to the power of appointment and the words per stirpes giving Plaintiffs any interest in Lyda Hill's HHTE trust were released and would be dismissed with prejudice. 999 at 7-9, 8.a, 9.a. 2002). Compl., Doc. Defendants are arguing that Plaintiffs lacked constitutional standing when they commenced this action. PR-08-830-2 (the HHTE Probate Suit), that in his Will, Hassie Hunt exercised his general power of appointment under the HHTE to an on behalf of the lineal descendants of [his] sister, Margaret Hunt Hill, per stirpes. Lyda Hill's App., Doc. On July 3, 2018, the court denied the requests for injunctive relief of both parties without prejudice, holding any relief would be premature because of the pending probate proceedings. Plaintiff opposes the grant of a motion to stay because it is not warranted under existing legal standards and is being sought here for reasons inconsistent . Lyda Hill's Motion to Dismiss Based on Judicial Estoppel. Albert Gallatin | Historica Wiki | Fandom Our Team Account subscription service is for legal teams of four or more attorneys. Left Nothing by Tycoon Father, Albert Hill is Now on the Hook for Hefty Finally, the court is entitled to consider its own prior rulings and any and all rulings in the 2020 Action that are relevant to this lawsuit. Constitutional standing is assessed at the time a plaintiff commences an action. Sch. On May 13, 2010, the parties entered into the GSA (Doc. Site Map, Advertise| DocketNOTICE - CHANGE OF ADDRESS; Comment: NOTICE OF ADDRESS CHANGE OF BOURLAND, WALL & WENZEL, P.C. Co., 511 U.S. 375, 377 (1994) (citations omitted); Home Builders Ass'n of Miss., Inc. v. City of Madison, 143 F.3d 1006, 1010 (5th Cir. 12, Doc. After entry of the GSA, and in connection with discussing options for preserving Hill III's remainder interest in his new separate MHTE trust for his children, he supported an asset protection trust alternative in which he would have had the power to direct disposition of the trust assets through the power of appointment that is given to the Beneficiary under the MHTE trust. The decision to allow amendment of a party's pleadings is within the sound discretion of the district court. Plaintiffs contend that they and their three children (Albert Galatyn Hill IV, Nance Haroldson Hill, and Caroline Margaret Hill) are contingent or remainder beneficiaries of various trusts created as a result of the GSA and the Final Judgment. The documents outline the wills he will execute, and which of the dozens of interrelated famil. Yet, over the next four years, our court weighed in on the settlement' four times. 1998) (citing Veldhoen v. United States Coast Guard, 35 F.3d 222, 225 (5th Cir. Margaret Hunt Hill Wikipedia Republished // WIKI 2 R2 Invs. 212-2 at 10, 18. For these reasons, the court denies Plaintiffs' Motion to Strike. Accordingly, Hill III has no standing, or any viable basis, for pursuing the claims in the Complaint. When a plaintiff raises an argument for the first time in response to a dispositive motion, the court may consider those claims and arguments as a motion to amend under Federal Rule of Civil Procedure 15(a). For these reasons, in the alternative to dismissing Plaintiffs' claims against Lyda Hill for lack of subject matter jurisdiction, the court will dismiss their claims pursuant to Federal Rule of Civil Procedure 12(b)(6), as Plaintiffs are judicially estopped from asserting their claims herein against Lyda Hill. Dj vu is defined as, among other things, a feeling one has seen or heard something before, and as something overly or unpleasantly familiar. Merriam-Webster's Collegiate Dictionary 329 (11th ed. For the reasons that follow, the court concludes that, in the alternative to dismissing Plaintiffs' claims against her for lack of standing, Plaintiffs are judicially estopped from asserting their claims against Lyda Hill and their claims will be dismissed under Rule 12(b)(6). App.-Houston [14th Dist.] ' Id. 8 (214) 681-3171. Finally, one place to get all the court documents we need. 2015) (citation omitted). As previously explained, Hill III contractually agreed in the GSA, which was incorporated into the Final Judgment, that Hill Jr.'s Disclaimer was valid and enforceable. Kokkonen v. Guardian Life Ins. 2000). Things got ugly and complicated as family conflicts are wont to do. The better, and more reasonable, course of action, therefore, is to dismiss these claims with prejudice. Abraham Alfonse Albert Gallatin (January 29, 1761 - August 12, 1849) was a Genevan - American politician, diplomat, ethnologist and linguist. The Hill Jr. Thus, as Hill III released these claims, he lacks standing to raise them in this civil action. Plaintiffs' Request to Convert Pending Motions to Dismiss into Motions for Summary Judgment. Not a Bloomberg Law Subscriber?Subscribe Now. Hill's funeral service was held at the Highland Park Presbyterian Church in Dallas, Texas. Albert Galatyn Hill - Ancestry.com 2 regarding Hill Jr.'s Powers of Appointment. albert galatyn hill iiimaryland lacrosse camps 2021. albert galatyn hill iii italian prayer for protection 30305 (404) 351-9788. Steel Co. v. Citizens for Better Environment, 523 U.S. 83, 103 (1998). 999 at 27-28, 18); and (3) there was no inadvertence in Plaintiffs' prior positions (see supra). He was 72. 30342 (404) 237-6650. 21. 2020-01-27, Dallas County District Courts | Other | 2005). The GSA and the Final Judgment also did not grant Hill III or his children any termination interest in Lyda's separate MHTE and HHTE trusts. Long v. GSD&M Idea City, LLC, 798 F.3d 265, 274 (5th Cir. The decision is available here. See id. D. Hill Jr.'s Will and the Dissolution of the Hill Jr. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? Gines v. D.R. Courts Cheat Sheet; Query Builder; Jurisdiction Selector; Suggestions; Basic Search. Accordingly, denial of a 12(b)(6) motion has no bearing on whether a plaintiff ultimately establishes the necessary proof to prevail on a claim that withstands a 12(b)(6) challenge. Albert Gallatin - Wikipedia Two of those trusts are at issue here, namely: (1) the Margaret Hunt Trust Estate (MHTE); and (2) the Haroldson L. Hunt, Jr. Trust Estate (HHTE). Lyda Hill's Reply 6, Doc. Quasi-estoppel forbids a party from accepting the benefits of a transaction and then subsequently taking an inconsistent position to avoid corresponding obligations or effects. Trusts]. Hill v. Washburne, 953 F.3d at 302. Claire . 1996) (same). Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, WORKERS COMPENSATION ATTORNEY - Hartford, CT, Offering an Opportunity of a Lifetime for Personal Injury Lawyers, What Does Your Business Agreement Really Mean? On CandysDirt, I told you about Al and Erin Hill, that's Al Three, who recently moved their family to Atlanta. The Hill Jr. Home [vishaltandel.in] The CEO of Hunt Investment Holdings on his under-the-radar favorite restaurant and why he is learning Turkish. Hill was the oldest grandson of legendary Texas oilman H.L. Dallas most important news stories of the week, delivered to your inbox each Sunday. Contest Clause, and (3) violating the GSA and the Final Judgment by asserting claims concerning the Hill Jr. Clark v. Tarrant Cnty., 798 F.2d 736, 741 (5th Cir. 1986) (affirming district court's dismissal with prejudice based on lack of standing); Westfall v. Miller, 77 F.3d 868, 871 (5th Cir. 2015), the Fifth Circuit stated, [W]e have not hesitated to apply judicial estoppel to dismiss claims under Rules 12(b)(6) or 12(c) while affirming dismissal of claims based on judicial estoppel. The plausibility standard is not akin to a probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted). Why is this public record being published online? 1. In response to the pending motions to dismiss, Plaintiffs do not request to amend their pleadings in the event the court dismisses their claims pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction or Rule 12(b)(6) for failure to state a claim. In considering a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, a court may evaluate (1) the complaint alone, (2) the complaint supplemented by undisputed facts evidenced in the record, or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts. Den Norske Stats Oljeselskap As v. HeereMac Vof, 241 F.3d 420, 424 (5th Cir. 1998). App.-Houston [14th Dist.] 999 39, 36. "Together?we the people?achive more than any single person could ever do alone. Join Texas Lawyer now! 936 at 5-6. The State of Texas v. Albert G. Hill III - Texas 5th Court Of Appeals Id. In light of its rulings herein, the court need not address any other argument made by the parties. 1-2 at 10 Art. Id. The court is also seriously considering imposing sanctions on Hill III's attorneys pursuant to 28 U.S.C. For the reasons that follow, the court will deny Plaintiffs' request. 3:07-cv-2020-L (the 2020 Action). To defeat a motion to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, a plaintiff must plead enough facts to state a claim to relief that is plausible on its face. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007); Reliable Consultants, Inc. v. Earle, 517 F.3d 738, 742 (5th Cir. All Rights Reserved. 2 in In re Estate of Haroldson L. Hunt, Jr., Deceased, Cause No. Trusts: On December 7, 2017, an Application for Probate of Will and Issuance of Letters Testamentary was filed in the Estate of Albert Galatyn Hill, Jr., Deceased, in Cause No. 750 North St.Paul St. It is clear that Plaintiffs seek to benefit from Hassie having exercised the same power of appointment they now argue that Hill Jr. did not possess when he exercised his power of appointment in his 2014 Will. Rule 12(f) motions are viewed with disfavor and granted only when the pleading to be stricken has no possible relation to the controversy. Securities Exch. App.-Houston [14th Dist.] Because the Hill Jr. There are instances, however, when a dismissal for lack of standing may be with prejudice. In reviewing a Rule 12(b)(6) motion, the court must accept all well-pleaded facts in the complaint as true and view them in the light most favorable to the plaintiff. . 999 at 43, 45. 31; Lyda Hill's Reply 2-3, Doc. Plaintiffs further argue that both Motions are replete with the sort of name calling and character assassination that should be excluded from pleadings. Id. Defendants and Lyda Hill. Lyda Hill's Mot. For these reasons, the court grants Defendants' respective Rule 12(b)(1) motions to dismiss for lack of subject matter jurisdiction. The doctrine limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong. Id. 31. This case was filed in Dallas County Texas Courts, Dallas County Probate Court located in Dallas, Texas. generally prevents one party from misleading another to the other's detriment or to the misleading party's own benefit.) (citations omitted). After the Probate Court had conducted hearings on those motions, Hill III nonsuited his claims without prejudice. Public Records Policy. Defendants oppose these requests in their respective reply briefs. She was 91. If you continue to use this site we will assume that you are happy with it. The court does not intend to consider any other matter arising out of the GSA, the Final Judgment, the MHTE, or the HHTE, except for what is pending in the 2020 Action. Relationships Interlocks Giving Data. Co. v. Allied Pilots Ass'n, 262 S.W.3d 773, 778 (Tex. 2014). Margaret Hunt Hill was born on October 19, 1915, in Lake Village, Arkansas. P.C. Hill Jr. She states: This June 2011 Probate Court order permitted the trustees of Lyda's separate trusts to voluntarily terminate the trusts - It did not order the termination of the trusts at the time as Plaintiffs misleadingly contend. Id. 2001). According to his family tree, he married Patricia Ann Hillon August 30, 1966 in Texas. The provision of Rule 15(a)(2) of the Federal Rules of Civil Procedure that states [t]he court should freely give leave when justice so requires is not without limitation. Updated: June 20, 2015 Albert Galatyn Hill JrAlbert Hill(born 1945) Jump to: BiographyFamily Photos IV 3 (MHTE); Exhibit C to Pls.' Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. For the reasons that follow, the court denies both Plaintiffs' Motion to Strike and their associated request that the court convert the pending motions to dismiss into motions for summary judgment. Powell v. McCormack, 395 U.S. 486, 496 (1969). Lisa Blue/Baron & Blue v. Hill | Civil Action No. 3:10-CV-2269-L | N.D An alert FrontBurnian gave me a heads up that the Fifth Circuit Court of Appeals issued a decision on Tuesday that looks like it might put a period at the end of that saga. The appellate court upheld the terms of the lower courts order prohibiting Hill III from contesting Hill Jr.s will in any matter, in any court, in any future world. denied); Royalco Oil & Gas Corp. v. Stockhome Trading Corp., 361 S.W.3d 725, 732 (Tex. They bought a $9 million dollar estate in swanky Buckhead (think Highland Park on Strait Lane in Dallas), closed on it in July. albert galatyn hill iii | Promo Tim Lyda Hill contends that Plaintiffs are judicially estopped from asserting that she, as the current beneficiary of the Lyda Hill trusts, lacks powers of appointment to do what she wishes with the Lyda Hill Trusts, including were she to choose to dissolve the trusts. LDC v. Phillips, 401 F.3d 638, 642 (5th Cir. HILL v. SCHILLING | Civil Action No. 3:07-CV-2020 | 20180705h11 This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Eleventh Circuit. Estoppel by contract binds a party to the terms of his or her own contract, unless the contract is void, annulled, or set aside in some way. Fifth Circuit Tells Albert G. Hill III to Stop Challenging His Fathers Will. Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2; and (3) appealing the October 11, 2018 Order Admitting Will to Probate and Authorizing Letters Testamentary issued by Judge Ingrid M. Warren in Probate Court No. What Joseph L. Rini Knows, Attorney Rachel Y. Marshall A Pillar of Strength for the Community, SpotDraft Raises $26 Million in Series A Funding for AI-Powered Legal Software. Each of the trusts is governed by a document titled Articles of Agreement and Declaration of Trust (the 1935 Trust Instruments). Copyright 2023, D Magazine Partners, Inc. We use cookies to ensure that we give you the best experience on our website. Orig Proc: No . License our industry-leading legal content to extend your thought leadership and build your brand. Your article was successfully shared with the contacts you provided. Compl., Doc. Id. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, illustration by Steve BrodnerTom Hunt sits at an executive desk downtown at Hunt Petroleum Corporation, on the 49th floor of Thanksgiving Tower, studying a thick stack of paper that has his lawyer worried. Galatyn (, Garatn? Freundschaft aufhoren: zu welchem Zeitpunkt sera Semantik Starke & genau so wie parece fair ist und bleibt 7 czerwca 2022 Al Hill III Buys a $9 Million Dollar Home in Atlanta Spivey, 197 F.3d at 774. This lawsuit, filed by Albert G. Hill, III (Hill III) and Erin Nance Hill (Erin Hill) (collectively, Plaintiffs) on December 20, 2020, involves, once again, a dispute relating to two trusts formed by Haroldson Lafayette (H.L.) Hunt, the late Texas oil baron reputed to be one of the world's richest men when he died in 1974. Hill v. Washburne, 953 F.3d 296, 300 (5th Cir. 877 (May 5, 2010 hearing transcript at 33-34). Further, it is well-established and clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record. Albert Galatyn Hill Sr. (1904-1988) married Margaret Hunt, a daughter of H.L. 1994) (citation omitted). 18), filed March 3, 2021; Motion to Dismiss and Supporting Brief of Defendant Lyda Hill (Doc. 22 at 521 (internal quotations omitted) (Hill III's Original Petition for Construction of Last Will and Testament). First, given the unique procedural history of this matter, which concluded in 2010 when Judge O'Connor issued the Final Judgment, the court can only conclude that Plaintiffs are proceeding in bad faith and allowing further amendment would be unduly prejudicial to Defendants, who have had to respond to these same contentions in multiple fora over a period of several years. Consistent with the GSA, the Final Judgment declared Hill Jr.'s 2005 Disclaimer valid and partitioned portions of the MHTE and the HHTE, as to which Hill Jr. did not disclaim any of his equitable interests, into the Hill Jr. ; Spivey v. Robertson, 197 F.3d 772, 774 (5th Cir. It is time to move beyond partisanship and?build a stronger tomorrow." As the court will not consider any other documents in ruling on the pending Rule 12(b)(6) motions, the court denies Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. 26 (original emphasis). Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! It deals 10.32 damage per second and accumulates 134 TP per hit. Further, a court is not to strain to find inferences favorable to the plaintiff and is not to accept conclusory allegations, unwarranted deductions, or legal conclusions. A primary focus of the lawsuit was Hill III's claim to be a current beneficiary of the MHTE pursuant to Hill Jr.'s 2005 Disclaimer. Contest Clause from the GSA, ordered Hill III and Erin Hill (in all their capacities) and the Grandchildren not to contest Hill Jr.'s will or challenge the disposition of his property: Finally, consistent with the Settlement Agreement, Judge O'Connor retained continuing jurisdiction over the implementation and enforcement of the Final Judgment. Don't miss the crucial news and insights you need to make informed legal decisions. P. 12(f). Although often treated as effectively jurisdictional, statutory standing relates to the merits of a cause of action and not subject matter jurisdiction. Id. Defendants have moved to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6), arguing, among other things, that Plaintiffs lack standing; that Plaintiffs' claims have been settled, released, and adjudicated in the Final Judgment; and that Plaintiffs have taken positions contrary to the positions they espouse in the Complaint when it was to their benefit and are, therefore, estopped from bringing their current claims. In ruling on such a motion, the court cannot look beyond the pleadings. 25, 2022). Law Offices of Gary Martin Hays & Associates 2004); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. This latest chapter, however, is the last chapter. In her reply brief, Lyda Hill asserts that, in ruling on her motion to dismiss, the court is entitled to consider its own prior rulings on Plaintiffs' numerous baseless post-judgment filings. Lyda Hill's Reply 2 note 1, Doc. 1. United States District Court, Northern District of Texas. Defendants and Lyda Hill each incorporated the other's briefing by reference, the court will consider the motions in tandem. The estate of albert galatyn hill, jr., through its independent executor margaret keliher, the estate of albert galatyn hill, jr., through its independent . 2014). is candy a common or proper noun; Tags . 2020 Action, Doc. Once you create your profile, you will be able to: 2020 Action, Doc. Dallas, Texas 75201. According to Plaintiffs: The Hill Jr. 2, Dallas County, Texas (the "Estate Action"), seeking to admit the Will to probate, and to appoint an independent executor. and over a hundred references to the Settlement Agreement and Final Judgment in the 2020 Action, which are central to this suit. Lyda Hill's Mot. Trusts. Trusts will not inure to Plaintiffs' benefit. On March 22, 2005, Hill Jr. executed a disclaimer as to certain portions of the equitable interests he was to receive under the MHTE (the 2005 Disclaimer) in favor of his three children: Hill III, Washburne, and Summers. Co. v. City of Mont Belvieu, Tex., 611 F.3d 289, 298 (5th Cir. App.-Eastland 2010, pet. Before the court are Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) and Brief in Support (other than Defendant Lyda Hill) (Doc. Albert Galatyn Hill found inU.S., Social Security Applications and Claims Index, 1936-2007 Albert Galatyn Hill found inU.S., Find A Grave Index, 1600s-Current Albert Galatyn Hill found in1940 United States Federal Census Albert Galatyn Hill found in1920 United States Federal Census View more historical records forAlbert Galatyn Hill at 2. Grp. Likewise, [d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to [the plaintiff's] claims. Albert G Hill, III, individually, and as a Beneficiary of the Margaret Hunt Trust Estate, derivatively on behalf of the Margaret Hunt Trust Estate, individually, As a beneficiary of the Haroldson Lafayette Hunt Jr. Trust Estate, and derivately on Behalf of the Haroldson, Plaintiff, represented by Emil Lippe, Jr. , Law Offices of Lippe & Associates & Diana .