FILED 1/7/2014 4:13:49 PM JOHN F.

WARREN COUNTY CLERK DALLAS COUNTY

CAUSE NO. PR-14 -00033-3 IN THE ESTATE OF HAROLD C. SIMMONS, DECEASED IN PROBATE COURT NO. 3 OF DALLAS COUNTY, TEXAS

MOTION TO SEAL COURT RECORDS TO THE HONORABLE JUDGE OF SAID COURT: ANNETTE C. SIMMONS (Movant), Independent Executor designated in the Will of HAROLD C. SIMMONS (the Decedent), filed an Application for Probate of Will and Issuance of Letters Testamentary (the Application) with this Court on January 7, 2014. Movant, in the due course of performing her duties as Independent Executor of the Decedents estate (the Estate), will file in the above-referenced court a number of various documents pertaining to the Estate, including but not limited to, the Application, the Decedents Last Will and Testament, testimony of witnesses at the probate hearing, the Order Admitting Will to Probate and Authorizing Letters Testamentary, the Oath of the Independent Executor, the Inventory, Appraisement, and List of Claims (the Inventory) or an Affidavit in Lieu of Inventory, and the Independent Executors Affidavit of Notice Pursuant to Texas Probate Code Section 128A, etc. (hereinafter referred to as the probate file). To the fullest extent permitted by law, Movant respectfully requests entry of an order from this Court sealing the probate court records filed in the above-captioned proceeding, as defined in Tex. R. Civ. P. 76a(2), with the exception of access to the

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probate file of the Estate by the Estate Beneficiary (as defined below) and pursuant to further orders of this Court. In support of this Motion, Movant would respectfully show the following: I. 1. BACKGROUND FACTS

Movant, ANNETTE C. SIMMONS, is an individual interested in the Estate,

domiciled in and residing in Dallas, Texas. 2. Decedent died on December 28, 2013, in Dallas, Dallas County, Texas, at

the age of 82 years. Decedent was a resident of Dallas County, Texas, at his death. Decedent left a valid, unrevoked written will (the "Will") bearing Decedent's signature and dated December 5, 2013. The Application was filed in this action on January 7, 2014 with a copy of the Will attached. The original Will was hand delivered to the Court on January 7, 2014. 3. At the time of Decedents death, Decedent owned real and personal

property described generally as land, securities, bank accounts, a vehicle, and personal effects having a substantial fair market value. 4. Decedent was married at the time of his death. Decedent was survived by

his wife, ANNETTE C. SIMMONS (Movant). 5. The only primary beneficiary under Decedents Will is Annette C.

Simmons (hereinafter sometimes referred to herein as the "Estate Beneficiary). 6. All debts of the Estate have been paid.

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7.

Movant is genuinely concerned for her privacy, safety and security as well

as the security of the assets of the Estate if the documents contained in the probate file were to be filed in such a manner that such documents were readily available to any person who might review the probate file. II. ARGUMENT AND APPLICABLE LAW

Under Texas Rule of Civil Procedure 76a, Movant requests that the Court allow her to file all documents pertaining to the Estate, including but not limited to, the Application, the Decedents Will, testimony of witnesses at the probate hearing, the Order Admitting Will to Probate and Authorizing Letters Testamentary, the Oath of the Independent Executor, Notice to Creditors, the Inventory or the Affidavit in Lieu of Inventory, and the Independent Executors Affidavit of Notice Pursuant to Texas Probate Code Section 128A, etc. (herein collectively, the court records) under seal, and Movant further requests that the Court enter an order sealing all court records currently on file subject to access by the Estate Beneficiary. TEX. R. CIV. P. 76a. The reasons for this request are that Movant is genuinely concerned for her privacy, safety, and security as well as the security of the assets of the Estate if the court records are open for view to anyone who might choose to review the probate file in this proceeding. Movant does not have any desire to withhold the probate file from someone who might have a legitimate and genuine need to view the probate file; however, Movant believes there is no one, other than Movant, Movants counsel, this Court or the Estate Beneficiary, who has a legitimate need to review the probate file.

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Importantly, there are no remaining debts of the Estate. Any and all debts of the Estate have been paid. Movant has not been contacted by any person asserting an interest in the Estate. Movants serious and substantial interest in her privacy, safety and security substantially outweighs any interest that some hypothetical person might have in examining the probate file of the Estate. Specifically, the Decedent, because of his prominence in the business world, his activity in politics and his philanthropy, has more than once accessed and published personal and private matters based upon records available to the public. There are no devisees under the Will, except Movant. No other person has asserted any interest in the Estate. Under the circumstances present here, Movants specific, serious, and substantial interest in her privacy, safety and security justifies that the Court seal the court records. The sealing of the court records contained in the probate file of the Estate will not have any adverse impact upon the general public health or safety. There is no less restrictive means than allowing the probate file in the above-referenced cause to be placed under seal in order to effectively protect Movants specific, serious, and substantial interests. The relief Movant requests is consistent with Texas Rule of Civil Procedure 76a. Sealing of court records has been allowed in circumstances where substantial privacy concerns existed and there was no genuine need for public disclosure of the information. See Fox v. Anonymous, 869 S.W.2d 499 (Tex. App.San Antonio 1993, writ denied) (sealing of records as to amount of child victim's settlement is affirmed to protect privacy and security of the child victim and his parents). See also,

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In re Continental General Tire, Inc., 979 S.W.2d 609, 614 (Tex. 1998). Rule 76a requires a balancing between the needs of the public to know about matters occurring in the courts against the interest of a private party seeking privacy. Fox v. Doe, 869 S.W. 2d 507, 512 (Tex. App.San Antonio 1993, no writ) (when someone is involuntarily thrust into the judicial process and required to disclose what would otherwise be private matters the court can take this into consideration in deciding to seal the private information). Rule 76a requires a balancing of the needs of the public against the asserted interest of the party seeking to protect against the public disclosure of private information. Accord Fox v. Doe, 869 S.W.2d at 512. Under the present circumstances, it is appropriate for the Court to order that the court records in the probate file of the Estate be placed under seal. In the event

someone comes forward and presents a genuine need to review the probate file, this Court can determine whether the probate file of the Estate should be made available for examination. The relief requested is consistent with applicable law. III. CONCLUSION AND PRAYER

WHEREFORE, PREMISES CONSIDERED, Movant respectfully requests that the Court enter an order sealing the court records filed in the above-captioned cause and allowing Movant to file documents under seal, and grant Movant such other and further relief to which she shows herself justly entitled.

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Dated: January 7, 2014

Respectfully submitted, LOCKE LORD LLP

/s/ E. Philip Bush State Bar No. 03495700 epbush@lockelord.com David J. Reber State Bar No. 24004216 dreber@lockelord.com 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776 Telephone 214.740.8000 Fax 214.740.8800 ATTORNEYS FOR MOVANT

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CAUSE NO. PR-14-00033-3 IN THE ESTATE OF HAROLD C. SIMMONS, DECEASED IN PROBATE COURT NO. 3 OF DALLAS COUNTY, TEXAS

ORDER ALLOWING COURT RECORDS TO BE SEALED On the day signed below came before the Court the motion of ANNETTE C. SIMMONS (Movant) to seal the entire probate file of the Estate of HAROLD C. SIMMONS, Deceased (the Estate). The Court has considered the motion and the supporting evidence and finds that there is good cause to grant Movants motion. The Court finds that Movants privacy, safety and security, as well as the security of the assets of the Estate, are seriously and substantially jeopardized if the documents pertaining to the Estate, including but not limited to, the Application, the Decedents Last Will and Testament, testimony of witnesses at the probate hearing, the Order Admitting Will to Probate and Authorizing Letters Testamentary, the Oath of the Independent Executor, Notice to Creditors, the Inventory, Appraisement, and List of Claims or the Affidavit in Lieu of Inventory, and the Independent Executors Affidavit of Notice Pursuant to Texas Probate Code Section 128A, etc. (hereinafter referred to as the probate file) were available to anyone and everyone who could have evil intent and misuse the information in the probate file. The sealing of the probate file will not have any adverse effect on the general public health or safety. No less restrictive means is available to protect Movants interest in her privacy, safety and security.

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IT IS THEREFORE ORDERED AND DECREED that the entire probate file (including but not limited to, the Application, the Decedents Last Will and Testament, testimony of witnesses at the probate hearing, the Order Admitting Will to Probate and Authorizing Letters Testamentary, the Oath of the Independent Executor, Notice to Creditors, the Inventory, Appraisement, and List of Claims or the Affidavit in Lieu of Inventory, and the Independent Executors Affidavit of Notice Pursuant to Texas Probate Code Section 128A, etc.) in the above-referenced cause shall be placed under seal. IT IS FURTHER ORDERED AND DECREED that the entire probate file in the above-referenced cause shall be sealed according to this Order and further that said probate file is not to be opened by anyone other than the undersigned, a member of my Court staff at my direction, or by the Estate beneficiary, namely ANNETTE C. SIMMONS. The clerk of the Court is directed to file the sealed probate file in a safe location where it cannot be opened other than as authorized by this Order. This Court retains jurisdiction to determine any issues or reconsideration of this Order. IT IS SO ORDERED this _____ day of _______________, 2014.

JUDGE PRESIDING

ORDER ALLOWING COURT RECORDS TO BE SEALED

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