The opinion
Order issued May 8, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00114-CV
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J. HOWARD MARSHALL, III, Appellant
V.
ELAINE MARSHALL, INDIVIDUALLY, AS INDEPENDENT
EXECUTRIX OF THE ESTATE OF E. PIERCE MARSHALL, AS
TRUSTEE OF THE MARSHALL GRANDCHILDREN’S TRUST FOR THE
BENEFIT OF E. PIERCE MARSHALL, JR., AS TRUSTEE OF THE
MARSHALL GRANDCHILDREN’S TRUST FOR THE BENEFIT OF
PRESTON MARSHALL, AS TRUSTEE OF THE BETTYE B. MARSHALL
LIVING TRUST, AS TRUSTEE OF THE J. HOWARD MARSHALL, II,
MARITAL TRUST NUMBER TWO, AS TRUSTEE OF THE J. HOWARD
MARSHALL, II, LIVING TRUST, AS TRUSTEE OF THE E. PIERCE
MARSHALL FAMILY TRUST CREATED UNDER THE BETTYE B.
MARSHALL LIVING TRUST INDENTURE DATED OCTOBER 30, 1990,
AS TRUSTEE OF THE MARSHALL PETROLEUM, INC., STOCK
HOLDING TRUST, AS TRUSTEE OF THE MARSHALL HERITAGE
FOUNDATION, AND AS TRUSTEE OF THE MARSHALL LEGACY
FOUNDATION; E. PIERCE MARSHALL, JR., INDIVIDUALLY, AS
TRUSTEE OF THE MARSHALL PETROLEUM, INC., STOCK HOLDING
TRUST, AS TRUSTEE OF THE MARSHALL HERITAGE FOUNDATION,
AND AS TRUSTEE OF THE MARSHALL LEGACY FOUNDATION;
PRESTON MARSHALL, INDIVIDUALLY, AS TRUSTEE OF THE
MARSHALL PETROLEUM, INC., STOCK HOLDING TRUST, AS
TRUSTEE OF THE MARSHALL HERITAGE FOUNDATION, AND AS
TRUSTEE OF THE MARSHALL LEGACY FOUNDATION; ROBERT
MCINTYRE, AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF
J. HOWARD MARSHALL, II; MARSHALL PETROLEUM, INC. N/K/A
TROF, INC.; TROF, INC., F/K/A MARSHALL PETROLEUM, INC.;
FINLEY HILLIARD, INDIVIDUALLY, AS TRUSTEE OF THE GRANTOR
RETAINED ANNUITY TRUST, AS TRUSTEE OF THE J. HOWARD
MARSHALL CHARITABLE LEAD TRUST, AS TRUSTEE OF THE J.
HOWARD MARSHALL, II, LIQUIDATING TRUST NUMBER TWO, AND
AS TRUSTEE OF THE J. HOWARD MARSHALL, II, FAMILY TRUST;
KEN FARRAR, AS TRUSTEE OF THE J. HOWARD MARSHALL, II,
LIQUIDATING TRUST NUMBER ONE, AND AS TRUSTEE OF THE J.
HOWARD MARSHALL, II, FAMILY TRUST; DR. STEPHEN COOK, AS
TRUSTEE OF THE J. HOWARD MARSHALL, II, LIVING TRUST;
HARVEY SORENSEN; FOULSTON & SIEFKIN, L.L.P.; CHARLES
KOCH; DON CORDES; AND KOCH INDUSTRIES, INC., Appellees
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HOWARD STERN, AS EXECUTOR OF THE ESTATE OF VICKIE LYNN
MARSHALL, Appellant
V.
ELAINE MARSHALL, INDIVIDUALLY, AS INDEPENDENT
EXECUTRIX OF THE ESTATE OF E. PIERCE MARSHALL, AS
TRUSTEE OF THE MARSHALL GRANDCHILDREN’S TRUST FOR THE
BENEFIT OF E. PIERCE MARSHALL, JR., AS TRUSTEE OF THE
MARSHALL GRANDCHILDREN’S TRUST FOR THE BENEFIT OF
PRESTON MARSHALL, AS TRUSTEE OF THE BETTYE B. MARSHALL
LIVING TRUST, AS TRUSTEE OF THE J. HOWARD MARSHALL, II,
MARITAL TRUST NUMBER TWO, AS TRUSTEE OF THE J. HOWARD
MARSHALL, II, LIVING TRUST, AS TRUSTEE OF THE E. PIERCE
MARSHALL FAMILY TRUST CREATED UNDER THE BETTYE B.
MARSHALL LIVING TRUST INDENTURE DATED OCTOBER 30, 1990,
AS TRUSTEE OF THE MARSHALL PETROLEUM, INC., STOCK
HOLDING TRUST, AS TRUSTEE OF THE MARSHALL HERITAGE
FOUNDATION, AND AS TRUSTEE OF THE MARSHALL LEGACY
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FOUNDATION; E. PIERCE MARSHALL, JR., INDIVIDUALLY, AS
TRUSTEE OF THE MARSHALL PETROLEUM, INC., STOCK HOLDING
TRUST, AS TRUSTEE OF THE MARSHALL HERITAGE FOUNDATION,
AND AS TRUSTEE OF THE MARSHALL LEGACY FOUNDATION;
PRESTON MARSHALL, INDIVIDUALLY, AS TRUSTEE OF THE
MARSHALL PETROLEUM, INC., STOCK HOLDING TRUST, AS
TRUSTEE OF THE MARSHALL HERITAGE FOUNDATION, AND AS
TRUSTEE OF THE MARSHALL LEGACY FOUNDATION; ROBERT
MCINTYRE, AS TEMPORARY ADMINISTRATOR OF THE ESTATE OF
J. HOWARD MARSHALL, II; MARSHALL PETROLEUM, INC. N/K/A
TROF, INC.; TROF, INC., F/K/A MARSHALL PETROLEUM, INC.;
FINLEY HILLIARD, INDIVIDUALLY, AS TRUSTEE OF THE GRANTOR
RETAINED ANNUITY TRUST, AS TRUSTEE OF THE J. HOWARD
MARSHALL CHARITABLE LEAD TRUST, AS TRUSTEE OF THE J.
HOWARD MARSHALL, II, LIQUIDATING TRUST NUMBER TWO, AND
AS TRUSTEE OF THE J. HOWARD MARSHALL, II, FAMILY TRUST;
KEN FARRAR, AS TRUSTEE OF THE J. HOWARD MARSHALL, II,
LIQUIDATING TRUST NUMBER ONE, AND AS TRUSTEE OF THE J.
HOWARD MARSHALL, II, FAMILY TRUST; AND DR. STEPHEN COOK,
AS TRUSTEE OF THE J. HOWARD MARSHALL, II, LIVING TRUST,
Appellees
On Appeal from the Probate Court No. 2
Harris County, Texas
Trial Court Case No. 276,815-402
MEMORANDUM ORDER
Appellant J. Howard Marshall, III has filed a motion to dismiss his appeal.
No opinion has issued and, although the motion was served on all parties and has
been on file for more than 10 days, no party has filed a response to the motion. See
TEX. R. APP. P. 10.1(b), 10.3.
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Accordingly, we grant the motion and dismiss J. Howard Marshall, III’s
appeal. See TEX. R. APP. P. 42.1(a)(1). Howard Stern’s appeal remains pending.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.
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