Preview
FILED
TARRANT COUNTY
12/19/2018 1:40 PM
342-305111-18 THOMAS A. WILDER
CAUSE NO. DISTRICT CLERK
WU FANG HUEY YOU, JR.; $ IN THE DISTRICT COURT
GERALDINE HARPER HUEY YOU; $
ZENOBIA KHALIQ; KATHY MOFFETT; $
EVANGELINE HUEY YOU; $
ANDRE HUEY YOU; and GERALDINE $
HUEY YOU SURLES, M.D., $
$
Plaintiffs $ JUDICIAL DISTRICT
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v $
$
ARIC BOUDREAUX and BLAIR $
BOUDREAUX, $
$
Defendants $ TARRANT COUNTY, TEXAS
PLAINTIFFS' ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Wu Fang Huey You, Jr., Geraldine Harper Huey You, Zenobia Khaliq,
Kathy Moffett, Evangeline Huey You, Andre Huey You, and Sherry Geraldine Huey You Surles,
M.D., complaining of Aric Boudreaux and Blair Boudreaux, and in support thereof, show the
Court the following:
I. DISCOVERY CONTROL PLAN
l. Plaintiff affirmatively pleads that discovery in this matter should be conducted
under Discovery Level 2 pursuant to Rule 190.3 of the Texas Rules of Civil Procedure.
II. STATEMENT OF RELIEF SOUGHT
2. Plaintiff seeks monetary relief of more than $200,000.00 but less than
$500,000.00 and non-monetary relief. The damages sought are within the jurisdictional limits of
the Court.
PLAINTTFFS' ORIG INAL PETITION PAGE IOF 6
III. PARTIES
3. Plaintiff Wu Fang Huey You, Jr. (last 3 digits of Texas Driver's License 724;last
3 digits of SSN 125) is an Heir of Wu Fang Huey You, Sr. owning property in Tarrant County,
Texas, which is the subject of this lawsuit.
4. Plaintiff Geraldine Harper Huey You (last 3 digits of Texas Driver's License 564;
last 3 digits of SSN 684) is an Heir and surviving spouse of Wu Fang Huey You, Sr. owning
property in Tarrant County, Texas, which is the subject of this lawsuit.
5. Plaintiff Zenobia I(haliq (last 3 digits of California's Driver's License 977;last3
digits of SSN 298) is an Heir of Wu Fang Huey You, Sr. owning property in Tarrant County,
Texas, which is the subject of this lawsuit.
6. Plaintiff Kathy Moffett (last 3 digits of Texas Driver's License 472;last 3 digits
of SSN 296) is an Heir of Wu Fang Huey You, Sr. owning property in Tarrant County, Texas,
which is the subject of this lawsuit.
7. Plaintiff Evangeline Huey You (last 3 digits of Texas ID Card 813; last 3 digits
of SSN 295) is an Heir of Wu Fang Huey You, Sr. owning property in Tarrant County, Texas,
which is the subject of this lawsuit.
8. Plaintiff Andre Huey You (last 3 digits of Texas Driver's License 386; last 3
digits of SSN 792) is an Heir of Wu Fang Huey You, Sr. owning property in Tarrant County,
Texas, which is the subject of this lawsuit.
9. Plaintiff Geraldine Huey You Surles (last 3 digits of Texas Driver's License 277;
last 3 digits of SSN 305) is an Heir of Wu Fang Huey You, Sr. owning property in Tarrant
County, Texas, which is the subject of this lawsuit.
10. Defendant Aric Boudreaux is an Heir of Wu Fang Huey You, Sr. owning property
in Tarrant County, Texas, which is the subject of this lawsuit. Defendant is an individual residing
PLAINTIFFS'ORIGINAL PETITION PAGE 2 OF 6
in Dallas County, Texas who may be served with process at his residence, 701 Mill Branch Dr.,
Garland, TX 75040.
11. Defendant Blair Boudreaux is an Heir of Wu Fang Huey You, Sr. owning
property in Tarrant County, Texas, which is the subject of this lawsuit. Defendant is an
individual residing in Tarrant County, Texas who may be served with process at his residence,
2921 E. 4th St., Fort Worth, TX 7 611l.
IV. JURISDICTION AND VENUE
12. This Court has subject matter jurisdiction over this action because the controversy
includes the partition of real estate located in Tarrant County, Texas. Venue is mandatory in
Tarrant County, Texas pursuant to Section 15.011 of the Texas Civil Practices and Remedies
Code as this is an action to partition real property located in Tarrant County, Texas.
V. FACTUAL BACKGROUND
13. Plaintiffs and Defendants are co-owlers as tenants in common in certain real
estate defined as heirs' property and situated in Tarrant County, Texas, which may be further
described as follows:
PROPERTY ONE:
"Being Lot SEVEN (7) and the East One-Half (ll2) of Lot EIGHT (8) in Block
TWENTY-FIVE (25) of RIVERSIDE ADDITION to the City of Fort Worth, Tarrant
County, Texas." Also known as292l E.4th St., Fort Worth, Texas 76lll;
PROPERTY TWO:
"DAGGETTS ADDITION Block J2Lot 1." Also known as 800 Luella St.
Fort Worth, Texas 76102.
14. Plaintiffs and Defendants, being the surviving spouse and adult children, inherited
the properties from their husband and father, Wu Fang Huey You, Sr. (Decedent), who died in
1981. Pursuant to the Texas Probate Code Section 45 of 1981, the surviving spouse, Geraldine
Huey You, retains her t/z interest in the community property and Decedent's Yz interest in the
PLAINTIFFS' ORIGINAL PETITION PAGE 3 OF 6
community property is retained by the Decedent's Children or Descendants. Decedent had eight
children at the time of his death. Each of the surviving children retains a 1/8th interest of
Decedent's % community estate. See Judgment Declaring Heirship attached as Exhibit "A".
15. Since Decedent's death in 1981, two of Decedents children have died. Michael
Huey You, Decedent's child, post-deceased Decedent in 1996, leaving no children and no
surviving spouse. It is unknown whether he had a will. One-Half (ll2) of Michael Huey You's
l/8th interest in his father's Estate goes to his mother, Geraldine Harper Huey You, as a lll6th
interest. One-Half (ll2) of Michael Huey You's l/8th interest in his father's Estate goes to his
seven siblings as llTth of l/l6th interest.
16. Linda Huey You Boudreaux, Decedent's child, post-deceased Decedent in 2016,
leaving two adult children, Blair Boudreaux and Aric Boudreaux, and no surviving spouse. It is
unknown whether she had a will. Each of her children retains % of llSth interest in Decedent's %
community estate. Also, Blair and Aric Boudreaux will retain % of (ll7th of l/l6th ) of Michael
Huey You's interest in his father's Estate, representing Linda Huey You Boudreaux's llTth of
lll6th of Michael Huey You's interest in his fathers' Estate. Both adult children are Defendants
in this lawsuit.
17. Defendant Blair Boudreaux has occupied the property known as 2921 E. 4th St.,
Fort Worth, Texas 76lll since his mother's death in2016. Defendant Blair Boudreaux does not
want the property sold and his brother, Aric Boudreaux, has also indicated his disagreement in
selling the property.
18. Defendant Blair Boudreaux, while residing on the property, has failed to pay the
property taxes since he has resided on the property. Also, Defendant Blair Boudreaux has failed
to pay any of the expenses associated with the property since he has resided on the property. His
PLAINTIFFS' ORIGINAL PETITION PAGE 4 OF 6
brother, Defendant Aric Boudreaux, has failed to pay the property taxes and expenses associated
with the property on behalf of his brother.
19. Plaintiffs and Defendants have a share in fee simple in the above described
properties, in that the surviving spouse retains her Yz community interest, and, she also retains %
of llTth of Michael Huey You's Estate, who post-deceased his father Wu Fang Huey You, Sr.
Each of the remaining children retain a 1/8th interest of Decedent's interest in the real property,
th
and,llTrh of l116 of Michael Huey You's interest in Decedent's Estate.
20. Plaintiffs seek a partition by sale of the above-described properties and
distribution of the net proceeds and closing costs to the co-owners in accordance with their
respective interests as set forth above. In this connection, Plaintiffs estimate the present value of
Property One to be $192,432.00 and Property Two to be $21,390.00. Plaintiffs request an
unequal distribution of the sale proceeds to reimburse one or more Plaintiffs for the payment of
property taxes and expenses related to the property.
21. Plaintiffs are informed, believe and so allege that the above-described and owned
interests comprise the total ownership of the property sought to be partitioned.
VI. PRAYER
22. Based upon the foregoing, Plaintiffs, Wu Fang Huey You, Jr., Et Al, respectfully
pray that the Defendants be cited to appear and answer herein, and that upon final hearing of the
cause, judgment be entered for Plaintiffs against Defendants as follows:
A. Determining the share of each of the joint owners of the property described
above;
B. Determining that such property is susceptible to partition by sale and ordering a
sale of the property;
PLAINTIFFS' ORIGINAL PETITION PAGE 5 OF 6
C. Appointing three or more competent and disinterested persons as commissioners
to make such partition in accordance with the decree and the law, subject to
confirmation by the Court on notice to all parties;
D Awarding Plaintiffs and Defendants their respective undivided shares of the profit
from the sale of the property;
E. Awarding one or more Plaintiffs an unequal distribution of the net proceeds from
the sale of the properties for reimbursement for payment of property taxes and
expenses;
F. Awarding Plaintiffs recovery of attorney's fees, expenses, costs, interest; and
G. Plaintiffs pray for such other and further relief to which Plaintiffs may show
themselves justly entitled.
Respectfully submitted,
/s/ Dustin L. Payne
Dustin L. Payne
DusrrN L. P,c,YNe & Assocrercs
State Bar No. 24034618
l0l Summit Ave., Suite 400
Fort Worth,TX76102
Tel: (817) 877-1969
Fax: (817) 731-5292
At t or ney forP I a i ntiffs
PLAINTIFFS' ORIGINAL PETITION PAGE 6 OF 6
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No. 20-r7-PR01090-2 Pi"f I:ZS
IN THE ESTATE OF $ IN THE PROBATE COUBT
WU PANG HUEY YOU,
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$ No.2 E't-.
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DECEASED $ TARRANT COUNTY, TEXAS
Judgment Declaring Heirship i
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On this day the Court heard the swom Application to Declare Heirship of the Estate of Wu
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Fang Huey You, Deceased, ("Decedent"), wherein Geraldine Huey You is the applicant and I
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Decedent's living heirs whose names are known are respondents and Decedent's heirs whose I
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narnes or locations are unknown are defendants. lt appears to the Court, and the Court so finds, I
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that all parties interested in the estate of Decedent have been made parties to the application, tl
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have filed written waivers of service of citation, have appeared and answered herein, or have
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been duly and legally served with citation as required by law; that the Court appointed an !
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attomey ad litem to appear and answer and to represent the defendants, and such attorney ad
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litem did so appear and filed an answer for the defendants; has jurisdiction of the
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that this Court I
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subject matter and all persons and parties; that the evidence presented and admitted fully and
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satisfactorily proves each and every issue presented to the Court; and that Decedent died intestate
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and that the heirship of Decedent has been fully and satisfactorily proved, as well as the identity a
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of the nature of Decedent's property as being separate or community and the interest and shares t
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of each of the heirs therein.
The Court finds that the names of the heirs of Decedent and their respective shares and
interests in the real and personal property of Decedent are as follows:
Name Share Share
of Real Property of Personal Property
TRUENDCORRECTCOPY OF
ORIGIT{AI RECMD F[.ED IN
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TARITANTCOJNW,IE)(AS:
MARY LOI'IISE GARCIA @IJi{TY CTERK
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Geraldine Huey You l/2 t/2
Kathy Moffen vt6 l/16
Sherry Huey You t/t6 ln6
Andre Huey You ln6 ln6
Wu Fang Huey You, Jr vt6 1il6
Zenobia Khaliq Ut6 ul6
Evangela Huey You t/16 t/t6
The of MichaelH uey-You, deceased l/16 vl6
eaux, deceased
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It ie 9ftEEtE^ tl-rt thc cttcrrrc, ad litetn a oirrud r represcnt thr :'rrts rf 'hr
-C r.-iene is Cieclnrged frorrr tfuise e ar*is allewod a fee uf 3 te be pcid ertaf thc
.ec*E...drt- ye
The Court finds that there exists no necessity for administration of the estate of Decedent,
none is ordered, and upon payment of all costs of Court no further proceedings shall be had in
this cause.
SIGNED
APPROVED AND ENTRY
b
REQUESTED:
McGee Law Firm
810 W. l0s Street, Ft. Worth, Texas 76102
Tel: (817) 877-9944, Fax: (817) 877-9971 APPHOVED:
E-mail : brandon@mcgeelawdfiv.com
By: /s/ Brandon L. McGee
State Bar No. 24037073
Anorney for Applicant
JL.rt)GE. Pr-lclBATE COURT #2
ACERTIFIEDCOPV
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MARY LOUISE GARCIA,-@UNIY Clctt
T.mnt County' Tcx's
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