Court Issued Findings of Fact Sides with Taub's Children

HOUSTON, Oct. 19 /PRNewswire/ -- A Houston probate court ruled that former KTRK medical reporter Mary-Ellen Conway did not have a common law marriage to the late Henry J. N. Taub. In the Findings of Fact, issued by the Court today, Harris County Probate Judge Kathy Stone said Conway was "never party to a marriage...of any type character or kind to the late Henry J. N. Taub."

(Photo: http://www.newscom.com/cgi-bin/prnh/20091019/LA94966)

Conway filed a claim four years after Mr. Taub's death claiming she was entitled to a $150,000 allowance, Mr. Taub's River Oaks home, medical and nursing home care, a working horse farm and other items. Today a settlement was reached and the Court published its findings in the case.

"The case has been resolved in my client's favor for its nuisance value," said Don Jackson, attorney for Taub's three adult children. "The court's Findings of Fact make it clear that there was absolutely no validity to Ms. Conway's claims and cites 19 individual reasons why Mr. Taub and Ms. Conway were never married, formally or informally. The evidence was overwhelming."

The court's findings noted that Ms. Conway never lived with Mr. Taub, never agreed verbally or in writing to get married and they never held themselves out as common law spouses or husband and wife. The court also noted Ms. Conway never introduced Mr. Taub as her husband. In addition, the court noted that Ms. Conway and Mr. Taub listed themselves as single on numerous legal documents including tax returns, homestead exemptions, and sworn real property records.

"Mr. Taub and Ms. Conway even signed a Nonmarital Relationship Agreement in 1987," noted Jackson's partner and co-counsel, Eileen O'Neill. "Ms. Conway is an attorney and certainly could not claim that she did not understand the nature of the signed written agreement." The Court upheld the Nonmarital Relationship Agreement. Ms. Conway was 40 and Mr. Taub 68 when they signed the agreement.

The court's final judgment also notes the administration of the Henry J. N. Taub estate is complete and that all the estate's assets have been distributed to Mr. Taub's children.

"It is rare to have to deal with this type of challenge so long after a will has been properly probated," said Jackson. "The Taub's are pleased to put this issue behind them and move on with their lives, knowing that their father's last wishes have been respected."

Don Jackson has been a partner with Ware, Jackson Lee & Chambers since 2005. His practice focuses on commercial litigation, personal injury litigation, oil and gas litigation, environmental litigation, malpractice litigation and probate and products liability. He is Board Certified, Personal Injury Trial Law and Civil Trial Law by the Texas Board of Legal Specialization. He is a member of American Board of Trial Advocates, The International Society of Barristers, Houston Bar Association; State Bar of Texas; Texas Association of Defense Counsel; and a Fellow with the Texas Bar Foundation.

Mr. Jackson was assisted on the case by Eileen O'Neill. O'Neill has been a partner with Ware, Jackson Lee & Chambers since 2005. Her practice focuses on civil appeals, commercial litigation and personal injury litigation. She is a former state district judge, Board Certified, Civil Trial Law and Civil Appellate Law by the Texas Board of Legal Specialization. She is a member of the American Bar Association, State Bar of Texas; American Board of Trial Advocates and is a Fellow with the Texas and Houston Bar Foundations.

SOURCE Ware, Jackson Lee & Chambers

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