How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask N Cal Attorney Your Own Question

N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 8090
Experience:  Since 1983
Type Your Real Estate Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

Is there currently a John Walling Heirs Trust lawsuit filed

Resolved Question:

Is there currently a John Walling Heirs Trust lawsuit filed in any court in the U.S.? Beatrice Thedford's lawyer filed the first lawsuit in the late 1990's in Van Zandt Co.,Tx. Bea Thedford ETAL V Union Oil Co. of Calif.,ETAL.That lawsuit and its appeal was thrown out of court. in the year 2000. I don't know if she was able to get another lawsuit filed. She lived in Okla.City and got into trouble with Oklahoma's SEC so she moved her operation to Signal Mt.,Tn.On Sept.29,2005, Mr. Johonnas Justus Eicke and the Gatekeepers took over the John Walling Heirs Trust and they were going to go forward with a lawsuit to recover oil and gas royalties in Van Zandt,Rusk and Nacogoches counties,Tx. Since then all communications have been cut off and I can not get any information. I need a YES or NO answer as to whether there is a current lawsuit filed in court and if so, what is its status?.? I have paid $22,000.00 in JWHT dues and JWHT defense funds. If this is now a scam, I need to get out.
Submitted: 3 years ago.
Category: Real Estate Law
Customer: replied 3 years ago.
Did you not find a current John Walling Heirs Trust lawsuit filed currently in any court in the U.S.? The Gatekeepers were suppose to have one filed for the John Walling Heirs trust and are suppose to be working on it and bringing it to a closure. Is this not true?
Expert:  N Cal Attorney replied 3 years ago.
Johonnas Eicke is a convicted criminal, see
http://cases.justia.com/us-court-of-appeals/F3/52/165/573690/
and
http://cases.justia.com/us-court-of-appeals/F2/983/1425/466252/

http://www.topix.com/forum/world/opec/T33KB4GEIAKRR7QPR/p2
states
The Oklahoma Department of Securities has ordered leaders of the Walling Heirs Association to stop selling association memberships that the leaders claim were used to fund an effort to recover a lost family fortune.

My opinion is that this is a scam and you should probably file a police report.
Customer: replied 3 years ago.
My question needs a YES or NO answer. Is there currently a John Walling Heirs Trust lawsuit filed in any court in the U.S.? Please give me a YES or NO answer-thats all I ask.
Expert:  N Cal Attorney replied 3 years ago.
Yes, 58 members are suing the Association:

Page #12: The Oklahoma Department of Securities has ordered leaders of the Walling Heirs Association to stop selling association memberships that the leaders claim were used to fund an effort to recover a lost family fortune. The order which resulted from a hearing before a securities department administrative officer states that the Walling Heirs Association; its president, Beatrice Thedford; and her two daughters, XXXXX XXXXX and LaDonna Spradlin, violated the Oklahoma Securities Act by selling unregistered securities. The order, issued January 23, lists findings from four days of hearings in December and January. The order detailed these findings, based on testimony: Thedford actively recruited members for the association by placing newspaper advertisements seeking people who believed themselves heirs of John Walling Sr. More than 4,000 members contributed to the association. Memberships were not limited to those believing they were heirs. Potential members were urged to join as "finder's fee" members even though they had advised association employees they were not heirs or even related by marriage to heirs of John Walling Sr. Originally, the finder's fee heirs were to obtain 10 percent of "any recovery off the top, before payment of attorneys' fees." But later the association leaders changed that to limit recovery of finder's fees only after payment of attorney fees. Thedford "dominated" the activities of the association and did not allow her board members to vote on association decisions. Association funds were commingled with the personal funds of Thedford and money from these commingled accounts was used to pay personal expenses and make a personal loan to Thedford's sister. Failure to obey the order is a felony punishable by a fine of not more than $10,000 or imprisonment not more than 10 years or both upon conviction. The order was filed in the securities department by administrator XXXXX XXXXX. The state agency first filed a lawsuit last summer asking an Oklahoma County District Court judge to bar association members from recruiting members and from spending the members' money. In October, the leaders were accused in another lawsuit of improperly spending contributions meant to fund an effort to recover the lost family fortune of John Walling Sr. In the lawsuit petition, 58 members asked Oklahoma County District Judge John Amick to impound the association's remaining funds and turn the money over to a new board of directors. They also asked that association leaders be forced to reimburse the association "for all funds recklessly, negligently and improperly spent," to turn over any profits from those leaders' administration of the association and to pay punitive damages "for fraudulently inducing" contributions.


Page #14: The Walling Heirs Association has agreed in Oklahoma County District Court not to recruit new members for its efforts to recover a lost family fortune. The association also has agreed to give refunds to any dissatisfied members. The Walling Heirs Association is based in Oklahoma City. It has been at odds with the Oklahoma Department of Securities, which found its recruitment practices in violation of the law. The agency also questioned the association's handling of more than $1 million in membership fees. The dispute ended up in court, with the state agency twice suing the Walling Heirs Association and its leaders. Dissatisfied members also sued the leaders. On February 12, the association filed for reorganization protection in U.S. Bankruptcy Court. The state securities department, meanwhile, got an Oklahoma County judge to appoint an independent receiver to handle the association's money. Little of the money remained, attorneys said at the time. A settlement, signed March 26, was in documents filed in bankruptcy court Wednesday. Under the settlement, all suits and the bankruptcy case are to be dropped. The association is to offer its more than 4,000 members their money back. The offer must include documents detailing the association's finances, its plans and potential risks for those who want to stay in the association rather than get a refund. The Walling Heirs Association's survival depends on how many members accept the offer for a refund, said Charles E. Moore, director of enforcement for the state securities department. Under the settlement, the association must file for bankruptcy and let a judge divide its assets among all members if it lacks money to make all the refunds requested. The association also cannot seek new members, but can ask present members for more money.
From
http://www.topix.com/forum/world/opec/TPO1TACIKNHKJO9VN/p2

It is not clear whether the Association is still pursuing litigation against the oil companies. If they cannot tell the members what type of case is pending in which Court, I cannot search every docket in the US to find out.
Customer: replied 3 years ago.
Your answers haven't told me any information that I could not have gotten off the internet. I'll rephrase my question. Is there any John Walling Heirs Trust lawsuit currently filed in any court in the state of Texas? Surely you can check out the lawsuits in one state.
Expert:  N Cal Attorney replied 3 years ago.
THEDFORD v. UNION OIL COMPANY OF CALIFORNIA
From
http://caselaw.findlaw.com/tx-court-of-appeals/1079589.html

In this trespass to try title suit, appellants, the Walling Heirs, filed suit against various individuals and oil companies  who owned portions of land referred to as the Walling Survey.   The Walling Heirs claim they inherited an interest in the Walling Survey that was purportedly conveyed to a third party in 1857.   They claim that, after more than 100 years of possession and mineral production by third parties, they still own an interest in the Walling Survey and should be paid a percentage of the royalties that have been distributed from the property.  The trial court granted summary judgment in favor of the appellees on their affirmative defenses of statute of limitations, adverse possession, and presumed lost deed.   In four points of error, the Walling Heirs contend the trial court erred in granting summary judgment and in sustaining objections to the Walling Heirs summary judgment proof.   For the following reasons, we affirm the trial court's judgment.

Based on the opinion referenced above, the case was finished in 1999, and the Walling heirs have no claim to royalties.

I have been unable to find any other case in Texas involving Thedford, Eicke, or the Walling heirs.
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 8090
Experience: Since 1983
N Cal Attorney and 6 other Real Estate Law Specialists are ready to help you
Expert:  N Cal Attorney replied 3 years ago.
Thank you for accepting my answer.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.