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N Cal Attorney
N Cal Attorney, Lawyer
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Experience:  Since 1983
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Is there currently a John Walling Heirs Trust lawsuit filed

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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: 6 years ago.
Category: Real Estate Law
Customer: replied 6 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 6 years ago.
Johonnas Eicke is a convicted criminal, see
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 6 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 6 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.

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 6 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 6 years ago.

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.
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Expert:  N Cal Attorney replied 6 years ago.
Thank you for accepting my answer.

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