CAMDEN — A motion to transfer court divisions has been introduced in the civil suit related to the estate of Matthew Seth Jacobs, according to newly-filed court documents.
The suit, which has six named defendants - Donna Herring, Doug Herring, Alex Peterson, John Kinley Jr., Diane Kinley, Dennis Davis, and 10 unnamed defendants - was initially filed on Aug. 12.
On Aug. 18, the plaintiff - the estate of Matthew Seth Jacobs through executor Laurence Reed - filed a motion to transfer the pending case from the 6th Division - Judge David Guthrie, to the 2nd Division - Judge Mike Landers of the Ouachita County Circuit Court.
The complaint against the defendants claims fraud/conspiracy, constructive trust, injunctive relief, and civil damages for forgery related to the creation and presentation of a purported last will and testament of Jacobs, who died in an automobile accident at the age of 34 on Jan. 19, 2015. At the time of his death, he was unmarried, but had a 17-year-old son, Jordan Jacobs, who is now 18 years of age.
In 2010, Matthew Jacobs was injured in an oil-rig explosion and received a multi-million-dollar settlement, which was payable beginning April 2012. This settlement is the bulk of the estate. Jacobs used Century 21/Campbell & Company in May 2012 to assist him in purchasing a new home and investing in other properties. His business with the company is how he met defendant Donna Herring, the court document states.
After Jacobs’ death, his son - along with his brother, Laurence Reed - searched Jacobs home for his last will and testament, but were unable to locate it. On Jan. 25, 2015, Donna Herring claimed to discover a sealed envelope containing a duplicate of the will and testament. She reportedly refused to show the purported last will and testament to Jordan Jacobs and Reed. Herring instead persuaded Reed to give the sealed envelope to Paul Lindsay, who was subsequently engaged to represent Jacobs' former girlfriend - Peterson - in the probate case related to Jacobs’ estate, court documents shows.
Doug Herring and Dennis Davis claimed to have discovered the original version of the will in Matthew Jacobs’ gun safe, but the complaint states that Reed and Jordan Jacobs checked the safe during the initial search for the document. The original version of the purported will was also provided to Lindsay. According to the complaint, the purported last will and testament was admitted to probate on March 10, 2015, without either a self-proving affidavit, a proof of will with notary signature, or the testimony of proving witness at a hearing.
The probate action relating to the disposition of the estate is currently pending before the 2nd Division and the Hon. Mike Landers.
Court documents state that because the probate case is already being presented before the 2nd Division and similar facts will be presented in the civil suit, "judicial economy would be fostered by having both cases in the same division. If the two cases that share the same facts are presented to the same judge, the courts will avoid using unnecessary effort and expenses."
The document also states that Jacobs' reserves the right to amend or supplement the motion to transfer, "but prays that the court order the suit be transferred to the 2nd division for further proceedings."