Inadmissible

On Jan. 4, Darla Lexington , the longtime companion of prominent Houston plaintiffs lawyer John O’Quinn , settled her dispute with O’Quinn’s estate and the John M. O’Quinn Foundation over assets from his estate. O’Quinn died in an automobile accident in October 2009. The settlement came just days before a probate court trial on Lexington’s property claim was set to begin. Lexington sought court orders to force the executor of O’Quinn’s estate to return property she alleged belongs to her because of her common-law marriage to O’Quinn and because she received the property as gifts. The estate and the foundation, which is the sole beneficiary of the estate in O’Quinn’s will, claimed that Lexington was not entitled to the property because O’Quinn specified in his will that he was not married and he left his estate to the foundation. Lawyers for Lexington and O’Quinn’s estate decline to provide details of the settlement, but Jimmy Williamson , a partner in Williamson & Rusnak in Houston who represents Lexington, says the terms provide for Lexington and her security. “I’m very happy we came to a mutual agreement and the foundation can go on and honor John,” Lexington said on Jan. 4. Kathy Patrick , a partner in Gibbs & Bruns in Houston who represents the foundation, says the settlement ensures the foundation can do its work. “It’s really, really a good feeling to wake up and know that money that was supposed to go to charity is going to go, and has removed any issue or doubt concerning whether Mr. O’Quinn’s wishes were going to be followed,” Patrick says. Executor Gerald Treece , an assistant dean and professor at South Texas College of Law in Houston, said he is pleased with the settlement. “As the person John selected as the executor, I’m very happy to do what was in John’s best interest and also please Darla and the foundation,” Treece said. The settlement averted what lawyers expected to be a five-week trial beginning on Jan. 9 in Judge Mike Wood ‘s Probate Court No. 2 in Houston.

Wedding Hitch?

Chief U.S. District Judge David Folsom of the Eastern District of Texas, Texarkana Division, is scheduled to retire on March 17. But he plans to don his robes at least one more time after his retirement to officiate at the wedding of his wife’s goddaughter. Beforehand, Folsom wants to be certain that, as a retired judge, he has the legal authority to do so. “I want to make sure they get married,” Folsom says. The judge says his recent review of the Texas statute governing who can perform marriages raised some question for him about whether state law authorizes a retired federal judge to conduct a marriage ceremony. Folsom asked Bowie County Criminal District Attorney Jerry D. Rochelle to seek an opinion on the matter from the Texas Office of the Attorney General . Rochelle sent a request for an opinion to the OAG on Dec. 28, 2011. According to the OAG’s website, briefs regarding the opinion request are due on Feb. 10.

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