Defs.' The following year, Hill and his family purchased Highland . Otherwise stated, in the HHTE Probate Suit, in 2008, Hill III acknowledged that the trust instrument for the HHTE, which is the same as the trust instrument for the MHTE, provided the beneficiary (Hassie) with powers of appointment. 3:16-cv-1735-D, 2019 WL 2515000, at * 1 (N.D. Tex. The Margaret Hunt Hill Bridge in Dallas, designed by Santiago Calatrava, is named in her honor. 1-3 at 10-11, Art. In December 2007, Hill III brought a lawsuit in Texas state court in his individual capacity and on behalf of the MHTE and HHTE against specific beneficiaries of the MHTE and HHTE, including his father (Hill Jr.), Hill Jr.'s siblings, and the trustees and members of the advisory boards of the MHTE and HHTE. See 2020 Action, Doc. P.C. They do not address statutory or prudential standing. Lyda Hill's Motion to Dismiss Based on Judicial Estoppel. She Was Murdered On Her Way To College Fifty Eight Years In The Past Cops Lastly Know Her Killer He accuses them of placing Boo's life history on show for the edification of the neighborhood. Hill III's incessant litigation and filings in this court following the entry of the Final Judgment by Judge O'Connor on December 8, 2010, and on appeal before the Fifth Circuit, which has weighed in on the settlement five different times, Hill, 953 F.3d at 302, evoke what can only be described as dj vu. The primary beneficiary of the MHTE was Margaret Hunt Hill and the primary beneficiary of the HHTE was Haroldson L. Hunt, Jr. (Hassie). . 999 at 7-9, 8.a, 9.a. The only remaining question is how much he may owe his sisters in additional costs and fees. Contest Clause, and (3) violating the GSA and the Final Judgment by asserting claims concerning the Hill Jr. CM-ECF citations from Hill v. Hunt et al., Civil Action No. Sam A. Lindsay, United States District Judge. 2007) (citing Cinel v. Connick, 15 F.3d 1338, 1343 n.6 (5th Cir. 999 at 20, 8.i; Doc. 2005). See Hill v. Schilling, 495 Fed.Appx. 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. 22 at 662-64. On December 22, 2017, Hill III entered the probate proceedings, challenging the terms of the will that appointed executors to [the Hill Jr. Attorney(s) appearing for the Case. PR-17-04117-2, Probate Court No. 7. 31; Lyda Hill's Reply 2-3, Doc. As the undersigned previously ruled, Hill III's failure in the Probate Court to disprove the validity of Hill Jr.'s powers of appointment bars him as a matter of law from seeking relief regarding dissolution of the Hill Jr. 21. 2002). 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. 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. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The court, at this time, denies without prejudice Lyda Hill's request for sanctions. 1978). Factual Background and Procedural History. Compl., Doc. The court notes that Plaintiffs sometimes refer to these trusts, collectively, as the New Hunt Trusts., These trusts are the (1) the MHTE - Albert G. Hill, Jr. Trust and (2) the HLHTE - Albert G. Hill, Jr. Trust and are referred to herein, collectively, as the Hill Jr. Trusts., These trusts are (1) the MHTE - Albert G. Hill, III Trust, for the benefit of Hill III, and (2) the MHTE - Albert G. Hill Jr. Income Beneficiary / Al III Termination Beneficiary Trust, for the benefit of Hill Jr. during his lifetime and for the benefit of Hill III after Hill Jr.'s death and are referred to herein, collectively, as the Hill III Trusts., These trusts are the MHTE-Lyda Hill Trust and the HLHTE-Lyda Hill Trust, and are referred to herein, collectively, as the Lyda Hill Trusts.. 2008) (Estoppel . R2 Invs. 1994) (citation omitted). As recognized by the Fifth Circuit in 2014, litigation involving the management and beneficiaries of the MHTE and HHTE has been protracted, complicated, and, most importantly, settled with a Global Settlement and Mutual Release Agreement (the settlement) implemented by a final judgment from the district court. Hill v. Schilling, 593 Fed.Appx. 999 39, 36. 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. ALBERT G. HILL, III and ERIN NANCE HILL, Plaintiffs, v. THE ESTATE OF ALBERT G. HILL JR.; MARGARET KELIHER; TYREE B. MILLER; LYDA HILL; HEATHER HILL WASHBURNE; ELISA HILL SUMMERS; CHESTER J. DONNALLY, JR.; THE ESTATE OF IVAN IRWIN JR.; CAROL E. ERWIN; and THOMAS P. TATHAM, Defendants. 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 . While a complaint need not contain detailed factual allegations, it must set forth more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Twombly, 550 U.S. at 555 (citation omitted). Trinity LLC is the general. Resp. Long v. GSD&M Idea City, LLC, 798 F.3d 265, 274 (5th Cir. is candy a common or proper noun; Tags . Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Inc., 342 F.3d 563, 566 (5th Cir. (quoting Venture Assocs. B. Thus, the court denies Plaintiffs' request to convert the pending Rule 12(b)(1) motions into summary judgment motions. 3:07-cv-2020-L (the 2020 Action) are referenced herein as 2020 Action, Doc. Accueil; Services; Ralisations; Annie Moussin; Mdias; 514-569-8476 2010) (citation omitted); see also Ulico Cas. 18); grants Motion to Dismiss and Supporting Brief of Defendant Lyda Hill (Doc. Freundschaft aufhoren: zu welchem Zeitpunkt sera Semantik Starke & genau so wie parece fair ist und bleibt 7 czerwca 2022 Hunt and his wife Lyda Bunker Hunt created trusts for their six children. EVENT; Comment: REQUEST FOR LETTERS, DocketINVENTORY AND APPRAISEMENT REMINDER, DocketNOTICE - APPEARANCE; Comment: NOTICE OF APPEARANCE OF COUNSEL FOR ALBERT G. HILL, III, DocketMOTION - WITHDRAW ATTORNEY; Comment: MOTION TO WITHDRAW AS COUNSEL, DocketPOSTED NOTICE; Served: 12/11/2017; Anticipated Server: CONSTABLE 1; Anticipated Method: CONSTABLE; Actual Server: CONSTABLE 1; Returned: 12/12/2017; Comment: RTN: 12/12/17, DocketWILL; Comment: ORIGINAL WILL DATED: 12-20-14 DOD: 12-2-17 AGE: 72, DocketISSUE POSTED NOTICES; Comment: COURT RTN: 12/25/2017, FinancialFinancial info for MILLER, TYREE B. : CREDIT CARD - TEXFILE (CC); Receipt # PR-2017-23318; MILLER, TYREE B. Trusts would be exercised to exclude Hill III, irrespective of whether the Hill Jr. 1. 2007); Martin K. Eby Constr. The court will also take judicial notice of matters of public record. Id. 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. Also, on May 29, 2018, in the 2020 Action, Hill III filed his own motion to enforce the GSA and Final Judgment, contending that the Hill Jr. YouTube Encyclopedic. Copyright 2023, D Magazine Partners, Inc. We use cookies to ensure that we give you the best experience on our website. 212-2 at 10, 18. Accordingly, the court declines to allow Plaintiffs to amend their pleadings, and their claims will be dismissed with prejudice. App.-Houston [14th Dist.] 2004, no pet.). Albert Gallatin (29 January 1761 - 12 August 1849) was the United States Secretary of the Treasury from 14 May 1801 to 8 February 1814, succeeding Samuel Dexter and preceding George W. Campbell. The law is clear in this Circuit that claims that are not properly raised in the complaint, but only in response to a dispositive motion, are not properly before the court. 999-1 at 7-8. See 2020 Action, Doc. 1-3 at 10 Art. The documents outline the wills he will execute, and which of the dozens of interrelated famil. See, e.g., Cutrera v. Board of Sup'rs of Louisiana State Univ., 429 F.3d 108, 113 (5th Cir. 2019-05-01, Tarrant County Courts | Probate | 2001) (citation omitted). Foman v. Davis, 371 U.S. 178, 182 (1962); Norman v. Apache Corp., 19 F.3d 1017, 1021 (5th Cir. The 1935 Trust Instruments provide that it is the desire and purpose of said H. L. Hunt and Lyda Hunt to create an irrevocable trust, and both provide, among other things, that during the lifetime of the beneficiary, only the annual income could be distributed to the beneficiary requiring that the corpus remain intact and undisturbed until twenty-one years after the death of the named beneficiary, at which time the trust would terminate and the corpus of the trust would be distributed to the beneficiary's descendants per stirpes. She was 91. Brandon Luke Beck. See 2020 Action, Doc. Eckland Consultants, Inc. v. Ryder, Stilwell Inc., 176 S.W.3d 80, 87 (Tex. If you continue to use this site we will assume that you are happy with it. 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. 1. Hill III dropped his challenge to the powers of appointment in Probate Court, and he alleges no such challenges in the Complaint. 88, Ltd., 817 S.W.2d 160, 164 (Tex. Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms. But for Hassie's powers of appointment, Hassie's interest in the HHTE would have passed to Hassie's then living siblings and/or the descendants of his pre-deceased siblings, rather than to only Margaret Hunt Hill's lineal descendants upon Hassie's death. Things got ugly and complicated as family conflicts are wont to do. Compl., Doc. 26) and Plaintiffs' request that the court convert the pending motions to dismiss into summary judgment motions (Doc. The court stated in a memorandum opinion and order issued on December 10, 2018: 2. 999 at 22-23. A string of three losses over the past three months have ended with orders for litigious Texas oil and gas heir Albert G. Hill III to pay attorney fees to winning defendants at whom he lobbed. On this record, the court agrees with Lyda Hill that the doctrine of judicial estoppel bars Hill III and Erin Hill from now taking the inconsistent position that Hill Jr. and Lyda Hill do not have a power of appointment, a sine qua non to Plaintiffs' claims challenging Lyda Hill's ability to dissolve her separate trusts, should she wish to do so. 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. 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. Stated another way, when a court deals with a Rule 12(b)(6) motion, its task is to test the sufficiency of the allegations contained in the pleadings to determine whether they are adequate enough to state a claim upon which relief can be granted. 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. The doctrine limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong. Id. 18), filed March 3, 2021; Motion to Dismiss and Supporting Brief of Defendant Lyda Hill (Doc. The elements of judicial estoppel are satisfied here: (1) Hill III and Erin previously admitted that the trust beneficiaries have a power of appointment when it suited Plaintiffs' interests to avoid purchasing a life insurance policy (see supra); (2) Judge O'Connor relied on their prior position in not requiring the purchase of such a policy (see 2020 Action, Doc. 2020 Action, Doc. "Together?we the people?achive more than any single person could ever do alone. Trusts not in favor of Hill III. 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). 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. 2008); Guidry v. American Pub. Hill Jr. III'S CONTESTING THE DECEDENT'S WILL, ORDER - DENY; Comment: ORDER DENYING ALBERT G. HILL,III'S MOTION FOR CERTIFICATION OF ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER GRANTING SEVERANCE FOR INTERLOCUTORY APPEAL, RESPONSE; Comment: MOTION FOR CERTIFICATION OF ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER GRANTING MOTION FOR SEVERANCE FOR INTERLOCUTORY, CORRESPONDENCE - LETTER TO FILE; Comment: ATTORNEY GENERAL'S NOTIFY LETTER. 1-2 at 10-11, Art. Terms of Service. ), or Galantine, is a recurring sword in the Final Fantasy series. which best describes the pillbugs organ of respiration; jesse pearson obituary; ion select placeholder color; best fishing spots in dupage county The siblings have been embroiled in litigation since 2007 over disputes about trusts formed by their great-grandfather, Texas oil baron H.L. MOTION - EXCLUDE; Comment: APPLICANT'S MOTION TO EXCLUDE TRIAL EXHIBITS OF ALBERT G. HILL, III, ORDER - MISCELLANEOUS; Comment: GRANTING APPLICATION FOR ENLARGEMENT OF POWERS OF TEMPORARY ADMINISTRATOR RELATING TO THE 1298 LAWSUIT, OBJECTION; Comment: APPLICANT'S OBJECTION TO ALBERT G. HILL. Defs.' Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Clark v. Tarrant Cnty., 798 F.2d 736, 741 (5th Cir. Make your practice more effective and efficient with Casetexts legal research suite. Trusts under the Waiver of Standing clause. In addition to parsing through the terms of the trusts, the court is required, yet again, to revisit the Global Settlement and Mutual Release Agreement (the GSA) and the final judgment (the Final Judgment) issued on November 8, 2010, by the Honorable Reed O'Connor (Judge O'Connor) of the United States District Court for the Northern District of Texas (Dallas Division) in the lawsuit styled Hill v. Hunt et al., Civil Action No. 2020 Action, Doc. First, Rule 12(d) authorizes conversion of a Rule 12(b)(6) motion to dismiss for failure to state a claim, or a Rule 12(c) motion for judgment on the pleadings, into a motion for summary judgment. See 2020 Action, Doc. 12, Doc. Ultimately, Hill III agreed to a settlement of the dispute. App.-Houston [1st Dist.] C. Rule 12(b)(6) Motions to Dismiss Based on Estoppel. Collins, 224 F.3d at 498-99. Although not addressed in the Complaint, Plaintiffs attempt to raise the issue in their response brief of whether Hill Jr. had the powers of appointment he exercised in his Will. and Mot. Trades Council AFL-CIO v. Jacobs Constructors, Inc., 804 F.2d 879, 881 (5th Cir. Not a Bloomberg Law Subscriber?Subscribe Now. In the GSA, and as confirmed by the Final Judgment, Hill III covenanted not to reassert any released claims against Lyda Hill. This case was filed in Dallas County Texas Courts, Dallas County Probate Court located in Dallas, Texas. at 18. Based on the foregoing, the court grants Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) (Doc. 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 family's trusts. The Judges overseeing this case are WARREN, INGRID and MONROE, LINCOLN. 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. 28. Defendants, in their reply, maintain the court should deny Plaintiffs' Rule 12(f) motion to strike for the following three reasons: (i) the filing at issue is a motion, not a pleading; (ii) the Motion relates to the controversy before the Court as it specifically addresses Plaintiffs' claims; and (iii) Plaintiffs fail to note any specific language in the Motion they contend satisfies Rule 12(f)'s high standard to strike. Hill Jr. As part of the Final Judgment, the court, incorporating the No. Albert G. Hill III . The Hill Jr. The court noted that Hill III's failure to disprove the validity of Hill Jr.'s Powers of Appointment would bar him as a matter of law from seeking relief regarding dissolution of the Hill Jr. As such, Rule 12(f) does not apply. In 2007, Hill Jr. sought to rescind his 2005 disclaimer, along with another partial disclaimer he had executed in 2007. 999. 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. personal injury; Boolean (richard or dick) and cheney . All Rights Reserved. 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. Not one time has the Fifth Circuit ruled in favor of Hill III on any of his five appeals. 26. 2020-01-27, Dallas County District Courts | Other | Your article was successfully shared with the contacts you provided. Sepulvado v. Louisiana Bd. They further argue that the issue of whether the dissolution of Hill Jr.'s Trusts was improper is moot. 877 (May 5, 2010 hearing transcript at 33-34). To establish injury in fact, a plaintiff must show that he or she suffered an invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical. Lujan, 504 U.S. at 560. 21); and denies Plaintiffs' Motion to Strike (Doc. Defs.' on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. As Lyda Hill correctly argues, [b]y these action, post-settlement, Hill III and Erin Hill confirmed that a Beneficiary' of the trusts has the very same power of appointment they now challenge with respect to the dissolution claims they bring in this lawsuit against the Hill Jr. Trusts and the Lyda Hill Trusts, and to prevent dissipation, concealment, and further transfer of such assets, and preservation of all records relating to such trusts and actions affecting them. 750 North St.Paul St. Lyda Hill opposes Plaintiffs' Motion to Strike and, in her reply brief, she argues: Lyda Hill's Reply 2, Doc. Her father was H. L. Hunt (18891974) and her mother, Lyda Bunker (18891955). 936 at 5-6. A federal court must presume that an action lies outside its limited jurisdiction, and the burden of establishing that the court has subject matter jurisdiction to entertain an action rests with the party asserting jurisdiction. The Final Judgment enforced the agreeing parties' waiver of standing provision, whereby each agreeing party, defined to include Hill III, agreed to waive any right to demand information, seek accountings, or assert any claim or cause of action in connection with, any trust for the primary benefit of a descendent of Margaret Hunt Hill of which he or she was not a current beneficiary: As the undersigned has held, per the Waiver of Standing clause, each of the parties agreed to waive his or her standing and right to demand information, seek accountings, or assert any claim or cause of action in connection with any trust for the primary benefit of a descendant of Margaret Hunt Hill of which he or she was not a current beneficiary. 2020 Action, Doc. Plaintiffs themselves state in their Response at heading F: The Parties Agreed that this Action Must be Brought in this Court. Pls.' See Lyda Hill's Unsealed Appendix, Doc. 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. . Also, Judge O'Connor is currently assigned to the Fort Worth Division of the Northern District of Texas. (citing Zieben v. Platt, 786 S.W.2d 797, 802 (Tex. 330, 331 (5th Cir. Article III, Section 3 of the 1935 Trust Instruments, however, provides a current MHTE and HHTE beneficiary with powers of appointment, as follows: Exhibit B to Pls.' 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. By Posted does sonny's bbq serve alcohol In rule breaker snacks net worth Although the history of the dispute between Hill III and his deceased father (and other relatives) is beyond the scope of this opinion, resolving the pending motions to dismiss the Complaint requires the court to revisit the trusts at issue, the 2020 Action, the GSA, and the Final Judgment. A. LDC v. Phillips, 401 F.3d 638, 642 (5th Cir. Under such circumstances, as the court recognized, for Hill III to acquire the status of a current beneficiary of the Hill Jr. Along the water edges, the riparian area in the Preserve is a vegetation zone that is an important transition between the local upland and aquatic ecosystems. Plaintiffs cannot amend to overcome this obstacle. Defendants and Lyda Hill each incorporated the other's briefing by reference, the court will consider the motions in tandem. The court does not evaluate the plaintiff's likelihood of success; instead, it only determines whether the plaintiff has pleaded a legally cognizable claim. Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498-99 (5th Cir. denied). Strike 1-5, Doc. License our industry-leading legal content to extend your thought leadership and build your brand. She had six siblings Caroline Rose Hunt (born 1923), H. L. Hunt III ( III 3 (HHTE) (emphasis added). Id. NOTICE - CHANGE OF ADDRESS; Comment: NOTICE OF ADDRESS CHANGE OF BOURLAND, WALL & WENZEL, P.C. 1993)). Pursuant to Federal Rule of Civil Procedure 12(f), Plaintiffs move to strike the pending motions to dismiss. In light of its rulings herein, the court need not address any other argument made by the parties. Having considered the motions, responses, replies, pleadings, record, and applicable law, the court grants Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) (Doc. 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. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 2020 Action, Doc. Mar. 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. 2012) (consolidated appeal). Resp. They make similar allegations against Lyda Hill. 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 Published by at 14 Marta, 2021. . 2015) (citation omitted). After the Probate Court had conducted hearings on those motions, Hill III nonsuited his claims without prejudice. Trusts were dissolved in 2016, Hill III would never become a current beneficiary and any relief granted that results in money being returned to the Hill Jr. Dismiss 15, Doc. Trusts will not inure to Plaintiffs' benefit. Erin Nance Miss Georgia and finished second in the 1993 Miss USA pageant. Suite 2100 Plaintiffs contend that because Defendants' respective motions improperly make factual assertions that exist outside the pleadings and rely on matters outside the pleadings, the court must convert their motions to dismiss into motions for summary judgment. The 2005 Disclaimer expressly recognized Hill Jr.'s power of appointment in the MHTE over both his income trust and his termination trust, as follows: Hill III previously argued to Dallas County Probate Court No. Growing Mineola firm with national practice seeks associate (with 3-6 years experience) to handle complex general liability matters.Competit CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! 1997) (en banc). 999 at 43, 45. 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. 2 in In re Estate of Haroldson L. Hunt, Jr., Deceased, Cause No. Trusts due to the Waiver of Standing Clause: In November 2018, the parties filed competing summary judgment motions in Probate Court No. Dallas oil heir Albert G. Hill III is now resisting the entry of that judgment in a trial court by claiming that the appellate justices got it wrong. Here, even were Plaintiffs to seek leave to amend, the above-listed factors would cause the court to deny the request. In 2008, the family sold Margaret Hunt Hill's company, Hunt Petroleum, to XTO Energy for $4.2 billion. Family. 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. Trusts and, for Hill III's benefit, his one-third interest in the Disclaimed Beneficial Interests, because of the 2005 Disclaimer, were partitioned into the Hill III Trusts. 2005) (citations omitted).