Court Interpreted the Phrase “In Equal Shares Per Stirpes” in a Trust Document
In Archer v. Moody, the litigants in the declaratory judgment action were remainder beneficiaries of a trust created in 1934 and owned a 15,000-acre ranch near Junction, Texas. No. 14-15-00945-CV, 2017...
View ArticleCourt Held That Estate Beneficiary Did Not Have Standing To Assert Forfeiture...
In re Nunu, an estate beneficiary sued the executrix to have her removed due to alleged breaches of fiduciary duty and also sought to have the court refuse to pay her attorneys in representing her in a...
View ArticleCourt Affirms Punitive Damages In A Breach-Of-Fiduciary-Duty/Partnership Dispute
In Home Comfortable Supplies, Inc. v. Cooper, the defendant induced others to start a new limited partnership with his corporation. No. 14-16-00906-CV, 2018 Tex. App. LEXIS 1381 (Tex. App.—Houston...
View ArticleTexas Supreme Court Holds That Testator Devised Property As A Life Estate
In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018)....By: David Fowler Johnson
View ArticleCourt Affirmed Judgment Against Trust Settlor Who Raised Fraud And Other...
In Jessen v. Duvall, an investor who established trusts to purchase life insurance policies sued an insurance agent for tort claims, including fraud, conspiracy, and aiding and abetting breach of...
View ArticleTexas Supreme Court Rules That Trustee Is Not Liable For Fraud In Leasing...
In JPMorgan Chase Bank, N.A. v. Orca Assets G.P., a trustee leased minerals to a leasee. No. 15-0712, 2018 Tex. LEXIS 250 (Tex. March 23, 2018)....By: David Fowler Johnson
View ArticleCourt Reversed Order Removing Trustee Where Trustee Did Not Receive Notice Of...
In In re Estate of Moore, the court of appeals addressed the proper procedure for removing an acting trustee and appointing a successor trustee. No. 08-14-00298-CV, 2018 Tex. App. LEXIS 1950 (Tex....
View ArticleCourt Holds That Laches Did Not Bar A Will Contest
In In re Estate of Perez-Muzza, two days before the statute of limitations period ended, a contestant filed a will contest seeking to have a court set aside an order admitting a will to probate. No....
View ArticleCourt Enforced Forum-Selection Clause In Trust Document
In In re JP Morgan Chase Bank, N.A., trust beneficiaries sued the trustee for alleged breaches of fiduciary duty in Dallas, Texas. No. 05-17-01174-CV, 2018 Tex. App. LEXIS 1883 (Tex. App.—Dallas March...
View ArticleCourt Affirmed Summary Judgment For A Trustee Due To An Exculpatory Clause
In Kohlhausen v. Baxendale, the court affirmed a summary judgment for a trustee on the basis of an exculpatory clause in a trust document. No. 01-15-00901-CV, 2018 Tex. App. LEXIS 1828 (Tex....
View ArticleMagistrate Recommends Denying A Motion To Dismiss Against A Bank For Aiding...
In Schmidt v. JP Morgan Chase Bank, N.A., the plaintiff’s employee opened credit cards in the employer’s name, used those credit cards for the employee’s own personal use, and paid those credit card...
View ArticleCourt Holds That There Is A Fact Issue By Former Employer Against Employee...
In Roberts v. Overby-Seawell Co., an employee sued his former employer for the failure to pay commissions. No. 3:15-CV-1217-L, 2018 U.S. Dist. LEXIS 47821 (N.D. Tex. March 23, 2018)....By: David Fowler...
View ArticleTexas Supreme Court Compels Arbitration For Lender And Disagrees With Fifth...
In Henry v. Cash Biz, LP, a borrower sued a lender for the lender reporting the borrower’s bad checks to the district attorney’s office. No. 16-0854, 2018 Tex. LEXIS 164 (Tex. February 23, 2018)....By:...
View ArticleTexas Fiduciary Litigation Update
David F. Johnson presented his paper on “Litigation Update, Including Fiduciary Issues” to the Texas Bankers Association’s Legal Conference in Austin, Texas, on April 5, 2018. This presentation covered...
View ArticleCourt Discusses The Texas Rules For Superseding Declaratory Relief In A Trust...
In In the Interest of K.K.W., a father and mother, who were settlors, filed competing claims regarding the interpretation of a trust for their son. No. 05-16-00795-CV, 2018 Tex. App. LEXIS 2174 (Tex....
View ArticleBankruptcy Court In Texas Held That Client Did Not Adequately Plead An Aiding...
In In re Westech Capital Corp., a bankruptcy trustee sued a company’s former attorneys for breaching fiduciary duties and also for aiding and abetting the breach of fiduciary duty. No. 16-10300-TMD,...
View Article[Webinar] Joint Account Litigation In Texas With An Emphasis On Fiduciary...
This presentation will cover the creation of joint accounts, the ownership of funds in these accounts, Texas Estate’s Code provisions and Texas common law regarding the requirements for effective...
View ArticleCourt Holds That Drafts Of Trust Documents Are Discoverable And Discusses The...
In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV2018 Tex. App. LEXIS 2812 (Tex. App.—Dallas April 19, 2018, original proceeding)....By: David Fowler...
View ArticleThe Texas Supreme Court Holds That Incorporating The AAA Rules Does Not...
Background: Arbitration Clauses May Apply To Trust Disputes - The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against...
View ArticleCourt Rejects Claim That Ex-Spouses Owed Each Other Fiduciary Duties
In Robins v. Robins, an ex-wife sued her ex-husband for breaching fiduciary duties regarding the sale of their former marital residence. No. 02-16-00285-CV, 2018 Tex. App. LEXIS 3534 (Tex. App.—Fort...
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