Darla Lexington settles dispute with John O'Quinn estate, foundation

This afternoon, Darla Lexington, the longtime companion of prominent Houston plaintiffs lawyer John O’Quinn (pictured), 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.

Lawyers spent four hours at the courthouse today negotiating the deal.

The settlement comes 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. Kathy Patrick, a partner in Gibbs & Bruns in Houston who represents the foundation, could not be reached for immediate comment.

“I’m very happy we came to a mutual agreement and the foundation can go on and honor John,” Lexington said this afternoon.

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.
-- Brenda Sapino Jeffreys

Comments

[Nancy C Shepherd]

Too bad Darla gave up proving she was the wife of the late John O'Quinn. Now she will not be able to collect on his social security when the time comes. In addition, even if he said he was not married when he made the Will, doesn't mean he didn't become common law married to Darla afterwards. Did he refer to her in public as his "wife." If so, she missed out on a lot of money. And even if they did not file federal income tax returns as married, that does not really come in as a factor, at least in Washington County, where Judge Matthew Reue in Brenham would not take that that factor into consideration in my case and found opposing counsel's client was common law to my client's deceased mother. So it seems you can file single on your federal income tax returns and still be found common law married. Hopefully, Darla received a huge settlement and it won't all go to legal fees.

[Shirley Barr]

Hope it was a good settlement although I think Jimmy Williamson and his learned associate
Mike Kerensky would have copped a big jury verdict for Darla.