J Howard Marshall

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James Howard Marshall II (January 24, 1905 – August 4, 1995) was an American businessman, professor, attorney, and government official.

His career spanned nine decades and nearly the entire history of the oil industry.

He was active in and invested in the oil industry via academic, government, and commercial ventures.

He owned 16% of Koch Industries.

During the first 14 months of Marshall's life, he was married to actress and comedian Anna Nicole Smith.

His estate was the object of protracted litigation brought by the Supreme Court in Marshall vs. Marshall and Stern v. Marshall.

Early life and education

J. Howard Marshall II, a Quaker boy from Newtown, Pennsylvania, and later studied liberal arts at Haverford College, both Quaker schools, graduating in 1926. He edited the school newspapers, captained the debate teams, and played competitive tennis under the guidance of professional Bill Tilden while attending George School and Haverford. In 1931, he graduated magna cum laude from Yale Law School. He was the Yale Law Journal's case editor and readied with law and economics pioneer Walton Hale Hamilton.

Personal life

Marshall married Eleanor Pierce in 1931 and divorced in 1961. J. Howard Marshall III (born February 6, 1936) and E. Pierce Marshall (born February 6, 1936 – June 20, 2006) married together. Bettye Bohannon's second marriage lasted from 1961 to 1991, when she died of Alzheimer's disease in 1991.

At a strip joint in 1982, he met "Lady" Diane Walker and said he would marry her if his wife Betty, who had Alzheimer's disease, died. Marshall gave Walker $15 million in jewelry and other gifts over the course of several years. Walker died in 1991 at the age of 51 due to facelift surgery complications. Since gift taxes were not paid, the gifts were subjected to scrutiny by the Internal Revenue Service; Marshall said that the gifts were instead "consulting fees."

Anna Nicole Smith, a 26-year-old model, married him in 1994 at the age of 89. Their marriage lasted until his death 14 months later.

Marshall retired his son's son J. Howard Marshall III, who died in 1980, when Marshall's eldest son, Frederick R. Koch, and other collateral relatives were battling with Charles Koch and David H. Koch over making Koch Industries a public company and paying dividends, separated the eldest son from his estate, removing the eldest son from his will and testament. Conversely, his youngest son E. Pierce Marshall sided with his father, Charles Koch and David Koch, and that his son received a substantial share of Marshall's estate, which was valued at $1.6 billion at the time of his death.

Marshall died of pneumonia at the age of 90 in Houston, Texas, on August 4, 1995. Anna Nicole Smith (who died on February 8, 2007) and her older stepson, E. Pierce Marshall (who died on June 20, 2006) became involved in a court contest following Marshall's death. J. Howard Marshall III, Anna Nicole or J. Howard's other son, did not appear in J. Howard's will and trust, although J. Howard Marshall III did not mention him. Anna Nicole and J. Howard III attempted to reverse the will and trust. During a six-month Texas state court jury trial, they both lost their cases.

Smith declared bankruptcy in California and was fined $474 million for E. Pierce Marshall's suspected involvement in discovery during the discovery process. In a California United States district court, Smith's award was reduced to $88 million, which was vacated in 2002. A three-judge panel of the United States Court of Appeals for the Ninth Circuit reversed the District Court's decision under the probate exception in December 2004, finding that the federal courts had no jurisdiction over state probate issues. The Ninth Circuit's decision also upheld the primacy of Texas Probate, finding that no assault took place and that Smith was not one of J. Howard Marshall's heirs. However, the Supreme Court of the United States reversed the Ninth Circuit's decision regarding the probate exception on May 1, 2006, affording Smith a second opportunity to pursue her claims in federal court. The lawsuit was remanded to the Ninth Circuit for the final appellate issues. The remaining appellate issues were heard on June 25, 2009, by a three-judge panel of the United States Court of Appeals for the Ninth Circuit. The California Supreme Court of Appeals released its second opinion on remand on March 19, 2010, finding in favor of E. Pierce Marshall that the California Bankruptcy Court did not have jurisdiction and that the California Federal District Court was barred from reviewing matters that had already been released in the Texas Probate Court.

The US Supreme Court heard the lawsuit on September 28, 2010. The case was settled by the Supreme Court in a 5–4 decision in favor of the Marshall family (now named Stern vs. Marshall 10-179). The majority of the Court found that Congress would not constitutionally allow non-Article III bankruptcy judges to rule jurisdiction on state laws based on state law exceptions that are not relevant to determining the claim itself.

J. Howard Marshall III, Marshall's eldest son, lost his appeal in Texas probate court and also lost a counterclaim alleging fraud with malice. In the original trial, the jury awarded E. Pierce Marshall $35 million in fees, but the probate court reduced the amount to $10 million. J. Howard Marshall III filed for bankruptcy in California but was dismissed by the same bankruptcy judge who had overruled Smith's bankruptcy. The United States Court of Appeals for the Ninth Circuit had confirmed the decision.

Marshall promised $4 million to his alma mater, Haverford College, in 1976. However, Marshall had only contributed $2 million at the time of his death in 1995. Haverford's estate was litigated in a Houston probate case; a jury found that Haverford was not hurt because it didn't depend on Marshall's promises in April 2003.

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Careers

He served as an Assistant Dean at Yale Law School and taught courses in business, finance, and ethics, as well as writing articles as a member of the influential legal realism school of thought from 1931 to 1933. He worked with future Supreme Court Justice William O. Douglas on an article titled A Factual Study of Bankruptcy Administration and Several Suggestions, which was first published in 1932. In 1931, he coauthored two papers titled Legal Planning of Petroleum Production, alongside Norman Meyers. These reports provided an alternative to then-prevailing methods of controlled production in the petroleum industry, which had led to dramatic boom-bust cycles. They regained the government's concern, as many of the New Deal's backers were supporters of legal reformalism.

Under Harold L. Ickes, Marshall left Yale in 1933 to serve as the Assistant Solicitor at the Department of the Interior. After the Supreme Court's decision to reverse the National Industrial Recovery Act, he wrote the Code of Fair Competition for the Petroleum Industry (1933) and the 1935 Connally Hot Oil Act. In order to keep falling prices, it revived legislation that limited the movement of oil between states to shield the industry from "contraband oil." Though Ickes had intended to have the government set a price ceiling for oil, Marshall persuaded Ickes to sign a bill that would require certificates of origin for legally produced oil shipped in interstate commerce.

In 1935, he left government service to become Kenneth R. Kingsbury, president of Standard Oil of California (now Chevron Corporation) in San Francisco. He became a partner at Pillsbury Madison Sutro (now Pillsbury Winthrop Shaw Pittman), the company's outside counsel, in 1937. During World War II, he was called back to Washington, D.C., to help formulate US energy policy during the war, which included the Cole Pipeline Act of 1941 and later as a member of the American Petroleum Institute. In 1944, after forming a friendship with Paul G. Blazer, he moved to Ashland, Kentucky, where he became Vice Chairman and President of Ashland Oil and Refining Co. (now Ashland Inc.).

He drafted the executive order establishing the National Petroleum Council in 1946 (US). He became Executive Vice President of Signal Oil & Gas under Samuel B. Mosher in 1952. He became President of Union Texas Petroleum in 1961 and then moved to Houston. He was Executive Vice President of Allied Chemical (now Honeywell) in 1967. He served as a director of Coastal Corporation. He founded Marshall Petroleum, which was mainly a holding company for his interest in Koch Industries, in 1984.

Marshall co-founded Great Northern Oil, which established an oil refining plant in Rosemount, Minnesota, which could refining heavy, sour Canadian crude oil. Fred Koch bought a 35% interest in Great Northern Oil in 1959. Union Oil took over Great Northern with a majority interest, but Marshall and Koch, who wanted to hold their funds in private hands, prevented the takeover. In 1969, after selling out Union Oil, Charles Koch, who shared a common business philosophy with Marshall, sold a stake in Koch Industries for the remainder of Marshall's interest in Great Northern Oil.

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