Greg MD Blog

Legal research Analysis, & Writing

My third case briefing for my legal research course.

Case Briefing Practice 3

Judicial History

The Petitioner Vickie Marshall aka. Anna Nicole Smith, spouse of deceased Howard Marshall, and the Respondent Pierce Marshall, the son.   Between the wife Vickie Marshall and the son Pierce Marshall, litigation was filed in probate court in Texas for the deceased Howard Marshall.  According to the Petitioner, in the probate filing, Vicki stated her husband would provide for her financially “in a Trust and will called catch-all.”  During the time of probate litigation, the Petitioner filed Chapter 11 under the protection of the Bankruptcy Federal Court in California.  In the meantime, Petitioner Vickie Marshall allegations that Respondent Pierce Marshall was altering documents related to the will, so Vicki called out Pierce in the press that he was trying to take his father’s assets.  In turn, Respondent Pierce Marshall filed a counterclaim in Federal Court that Petitioner Vicki discredited his character, and she responded in a filing of a claim stating “tortious interference” of “core proceeding,” and the judge ruled in her favor.   Respondent Pierce filed a motion stating a lack of subject matter and jurisdiction in Federal Court. This matter is under the jurisdiction of the Probate Court in Texas. Before the Probate Court, Petitioner’s question was the will’s legitimacy, but the court’s validated the will is authentic.  

The probate court has a limited and can exercises only within the jurisdiction of Texas law and has no Federal jurisdiction or powers that handles matters with “domestic relationship.”