Seven of Kate Marty's heirs are asking for a Quiet Title to the property in Kendelton, TX that was left to the six children of Kate Neal McCArty.Her son, Elliott McCarty has been trustee of the property for a31 years following his mother's death. He has recently been trying to glean all of the shares of the Kendelton property. Most recent target is his 87 year old sister, Gwen McCarty MacDougal . Mr. McCarty has been seeking a Warranty Deed from Mrs. MacDougal for her portion of the property which she does not wish to assign to him.
He has also been pressuring his neices and nephews to release their interest to him as well.
This petition seeks to claim title, and the remaining heirs wish the land to be equal sized parcels of similar value with 100% mineral rights retained by each set of heirs. We ask the Court to return to the original will of Kate Neal McCarty in determining her original intent as regards this property. Attempts on behalf of Mr. Elliott McCarty to accquire other %'s of property should be dismissed and his attempts t coerce family members to give up their portions of the property be stopped.
The family of Leon McCarty Jr.( Kristi HIllhouse, Sean McCarty, Mark McCarty's children ), Rchard McCarty(Cecily, Cecile,Cathy, Bayern), Gwen Mc,Carty MaDougal, Elliott McCarty are the living heirs. Kathryn McCarty Britto left her share of the property to Elliott McCarty. Sterling McCarty's portion is undetermined at this point.
Mr. McCarty has sought with each of his siblings heirs to accquire their share of the property.
We are asking a return to Kate's will and the parcels be apportioned as originally intended.
Equally portioned properties and mineral rights should be given to each original sibling's family. Mrs. Kathryn Britto paid the taxes by way of a gift to her family from 1981 (date of Kate Neal McCarty's death) until 1999 when she was killed suddenly. Mr. McCarty became trustee of her estate, and paid the taxes from the Britto estate to present. We ask the Court to appoint Kristi McCarty Hillhouse, Gwen McCarty MacDougal, Cecily McCarty ????? to be trustees and to divide the propert equitably and fairly. They will hire an independent ?????/ to determine new property boundary assignments. Mr. McCarty is entitled legally to the parcels given to him by his Mother and sister Kathryn Britto. Sterling McCarty's portion should be divided among his heirs if not otherwise directly addressed in his will. Mr. McCarty has not performed in a manner acceptable to his family members, and has had ample opportunity to act on issues surrounding the property for 31 years. See attached letters from mr. mCCarty too his family members implying alternative ways for him to accquire all of the property.
