Lawsuit claims La Marque property belongs to local woman

By John Suayan, Galveston Bureau | Mar 11, 2013

GALVESTON - A property dispute is the subject of a lawsuit filed March 1 in Galveston County District Court. 

Local resident Mary B. Poole and her trust launched the litigation in an effort to secure real property in La Marque from defendant Thera Querner.

Recent court papers explain that the subject property, located in the Laurel Ridge Subdivision, was acquired by Poole and her husband in 1958.

After Poole's spouse passed away a year later, his one-half interest passed "by operation of law" to his children, Janetta Bess Harrison, Pamela Jo Gerdes and Donna Beth Schalk.

Harrison conveyed her interest in the property to Poole in exchange for a loan in 1985, and 12 years later, her mother executed a deed which conveyed an undivided one-third interest to her.

In 2000, upon discovering the conveyance, Harrison set forth a deed that returned the property interest back to Poole.

Poole and her daughters then executed a deed to convey the property to her trust, "which is a revocable trust of which the plaintiff is sole trustee and beneficiary."

The suit shows Harrison, who is not a party in the case, was involved in a divorce in Gillespie County in which Querner intervened earlier last year.

It adds the respondent asserted during the proceedings that the conveyance by Harrison to Poole more than a decade ago was a "fraudulent transfer."

Poole insists that she, "by and through her revocable trust, is the sole owner of the property, and that no other person, including the defendant, has any ownership interest in the property."

Consequently, the plaintiff seeks a declaratory judgment and attorney's fees.

She is represented by attorney John W. Carlson with the Carlson Law Firm in Kerrville.

Galveston County 10th District Court Judge Kerry L. Neves is presiding over the case.

Case No. 13-CV-334

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