Court Affirmed Summary Judgment For Bank On Non-Customer’s Aiding And...
In Ahmed v. Bank of Whittier, a party sued a bank for aiding and abetting breach of fiduciary duty by assisting the plaintiff’s attorney in improperly depositing settlement funds. No. 05-21-00058-CV,...
View ArticleAdvising Trustees Who Manage Closely-Held Business Interests - Presentation
David F. Johnson presented “Advising Trustees Who Manage Closely-Held Business Interest” to the WealthCounsel webinar on June 30, 2022. Settlors often place some or all of the ownership in a...
View ArticleCourt Reversed Order Admitting A Will To Probate As A Muniment Of Title Due...
In Marshall v. Estate of Freeman, a trial court’s order admitting a will as a muniment of title forty-one years after the testator’s death was reversed. No. 03-20-00449-CV, 2022 Tex. App. LEXIS 2857...
View ArticleCourt Construed A Will To Provide That Mineral Interests Were Devised To The...
In Prather v. Callon Petroleum Operating Co., the court of appeals resolved a will construction issue that determined who owned certain mineral interests. No. 11-20-00189-CV, 2022 Tex. App. LEXIS 3200...
View Article[Webinar] Financial Services - Advising Trustees Who Manage Closely-Held...
Settlors often place some or all of the ownership in a closely-held business in a trust. A trustee managing a trust with an interest in a closely held business has difficult management issues to...
View ArticleEmployee’s Fiduciary Duty May Not Be Limited To His Or Her Employer
In Trench Tech Int’l, Inc. v. Tech Con Trenching, Inc., the son of an owner of a company, who was an employee, downloaded design plans and other information and went to another company who used...
View ArticleCourt Held That Those In Control Of A Limited Liability Company May Owe...
In In re Mijares, a plaintiff claimed that a defendant defrauded him and breached fiduciary duties owed to him by charging improper, excessive, and unauthorized expenses to their medical...
View ArticleVoir Dire (In a Post Covid World)
David F. Johnson co-authored a paper entitled “Voir Dire (In a Post Covid World)” with Jason Smith of the Law Offices of Jason Smith for the State Bar of Texas’s Business Disputes Course, held in...
View ArticleFiduciary Compensation in Texas - Presentation
David Johnson presented his paper on “Fiduciary Compensation and Forfeiture” to the Southwest Association of Bank Counsel fall legal conference on September 15, 2022, in Fort Worth, Texas. David...
View ArticleCo-Trustees Administering Trusts in Texas - Presentation
David Johnson presented his paper on “The More The Merrier: Issues Arising From Co-Trustees Managing Trusts” to the Tarrant County Probate Bar Association on September 16, 2022. This presentation...
View ArticleAppellate Court Affirms Findings That Decedent’s Will Was Not A Product Of...
In In re Estate of Hogan, a father executed a new will, leaving his estate to one of his sons (Harold) and disinheriting his other son (Gary). No. 11-20-00170-CV, 2022 Tex. App. LEXIS 3863 (Tex....
View ArticleAppellate Court Denies Mandamus Regarding A Trial Court’s Initial Disclosure...
In In re Eisenbise, the parties, a mother and son, argued about a trial court’s order requiring an executrix to produce certain documents pursuant to her duty to provide initial disclosures in a...
View ArticleEnforcement Of Will/Trust Provisions Giving The Fiduciary The Power To...
It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding...
View ArticleTexas Supreme Court Justice Authors Opinion Arguing That Claim Regarding...
In Ackers v. Comerica Bank & Trust, N.A., a life-time beneficiary of a trust filed a claim for a declaration regarding whether certain contingent remainder beneficiaries were beneficiaries....
View Article[Video] This Am Law 150 partner's niche blog helped him build a seven-figure...
In this episode, Wayne Pollock, the founder of the Law Firm Editorial Service, interviews David Johnson, a Managing Shareholder in the Fort Worth office of Am Law 150 firm Winstead PC, regarding his...
View ArticleCourt Holds That Trustee Who Engaged In Self-Interested Transactions Did Not...
In In re Guardianship of Margol, a mother named her son as her power of attorney agent and as a trustee of a trust in which she was a beneficiary. No. 05-21-00255-CV, 2022 Tex. App. LEXIS 4119 (Tex....
View ArticleCourt Refused Mandamus Relief Due To Party’s Failure To Ask Trial Court To...
In In re Pitts, the parties in a case settled and had a special needs trust drafted. No. 05-22-00542-CV, 2022 Tex. App. LEXIS 4143 (Tex. App.—Dallas June 16, 2022, original proceeding)....By:
View Article[Webinar] Fiduciary Litigation Update 2021-2022 - December 6th, 10:00 am -...
David Johnson will present on fiduciary cases from Texas courts from the summer of 2021 to the summer of 2022. This presentation will address the right to a jury trial for trust claims, the statute of...
View ArticleFederal Court Dismissed Some But Not All Claims Against Individuals And...
In Dunn v. Chappelle (In re Alta Mesa Res., Inc.), a bankruptcy trustee sued the officers and directors of a limited partnership and related entities for operating a drilling program despite having...
View ArticleCourt Affirmed Summary Judgment For A Financial Advisor Due To The Dead Man’s...
In Donnelly v. Donnelly, a widow sued her deceased husband’s son for failing to change the beneficiary designation on the husband’s IRA to name her. No. 14-21-00592-CV, 2022 Tex. App. LEXIS 7615 (Tex....
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