T. Gerald Treece, professor at South Texas College of Law.
T. Gerald Treece, professor at South Texas College of Law Houston (Courtesy photo)

T. Gerald Treece, a longtime friend of the late John M. O’Quinn, has filed a petition to resign as executor of O’Quinn’s estate after serving in that role since shortly after O’Quinn died in an automobile accident in October 2009.

In an amended petition filed June 21 in O’Quinn’s probate case, Treece, vice president and associate dean of advocacy at South Texas College of Law Houston, said that he wants to resign even though the administration of O’Quinn’s estate is not concluded because of outstanding claims still pending due to litigation. Treece filed his original petition to resign June 5.

Treece’s bid to quit as executor of the O’Quinn estate comes two months after he settled a lawsuit with the foundation that alleged he had treated the estate as a “personal slush fund.” Terms of that April 6 settlement, which followed a one-day mediation, were confidential, according to lawyers involved in the case.

Robin Gibbs, a partner at Gibbs & Bruns in Houston who represented the foundation in the lawsuit, and David Beck, a partner in Beck Redden in Houston who represented Treece, did not immediately return calls seeking comment about Treece’s application to resign.

On June 6, the John M. O’Quinn Foundation filed an application with Probate Court No. 2 Judge Mike Wood to appoint J. Cary Gray, the managing partner of Gray, Reed & McGraw in Houston, as his successor.

The foundation wrote that it is necessary to appoint a successor to Treece to serve as successor independent administrator “because claims against the decedent’s estate remain and all of the assets in the decedent’s estate have not been distributed.”

The foundation noted that the alternate executors in O’Quinn’s have both declined to serve as Treece’s successor. They are Robert C. Wilson III, the president of the board of trustees of the foundation, and Bank of America.

Treece did not immediately return a telephone message left at his office.

In his application to resign as executor, Treece seeks a “full judicial discharge” from all liability for all actions he has taken as executor, including all fiduciary fees. He also asks Judge Wood to declare that the estate cover his attorney’s fees and expenses in connection with any litigation related to the estate, including a lawsuit filed by Darla Lexington, O’Quinn’s longtime companion, against a funeral home to get O’Quinn’s body returned to Texas from Louisiana.

Jolie Howard, a partner at Ytterberg Deery Knull in Houston who filed the foundation’s application to appoint Gray as Treece’s successor, referred questions to Gibbs.