Below is an internal memo from the lawfirm that sued the Ann Young estate on behalf of the city of Houston. 

 

Note that this was supposed to have been handled on a pro bono basis (i.e. free of charge), but they were instead paid from the estate's assets.  This means money that was supposed to be used for animal welfare, instead went to wealthy attorneys.

Date: December 11, 2009
To:

Subject: BARC and the estate of Ann Young

Our own Alison Smith reports below on a great result in a very interesting pro bono case. This is an excellent example of how Alison's personal interst in animal rights dovetailed with a community need and the Firm's support to yield benefits to the City, to the community in general, and to the Firm. We can expect well-deserved thanks and publicity from this effort. Way to go Alison!
 
The Estate of Ann Slemons Young
 
Today, we settled a pro bono case for the City of Houston and are delivering a $1,692,878 check to the City. This will be the lead gift for the construction of a planned $10 million animal adoption center for BARC, the City pound.   The gift has inspired the City to contribute $1.2 million of its own capital funds to the new building and a beautiful 5.5 acre site in the City's Gragg Park for the adoption center and two associated dog parks.  The City has also retained one of the nation's leading animal shelter architects to design the facility, as well as a fundraising firm to assist in raising the balance needed.
 
We are plaintiff's counsel in what has been a two year will dispute. Although Ann Young left her residuary estate to the City to build the animal shelter, her son (the independent executor) decided not to convey the money to the City and instead kept her home and income producing property for personal use. He thought he could do so by exploiting a claimed ambiguity in the will. We sued for a declaration of the City's entitlement to the residuary estate and involved the Texas Attorney General, who intervened in the lawsuit and pursued the executor for breach of fiduciary duty. The case was hard fought
 
The center is a much-needed facility in Houston.  BARC had no adoption center and an approximate 90% euthanasia rate.  BARC's failings have been the subject of substantial negative press coverage.  Next week, Mayor Bill White will hold a press conference to announce the gift and the City's plans for the Animal Campus at Gragg Park. At that press conference, he will thank Haynes and Boone.
 
We took the case on a pro bono basis. However, resolution of the dispute resulted in payments to all parties' lawyers from Estate assets, including Haynes and Boone