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The Texas Supreme Court has the opportunity to accept a petition for review in an important case dealing with a spendthrift trust, trustee capacity, and trustee due process rights. In…
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David F. Johnson Recognized for Distinguished Service on the Texas Board of Legal Specialization
David F. Johnson, lead writer for the Fiduciary Litigator Blog, has officially concluded a distinguished six-year tenure on the Board…
David F. Johnson presented on “Trust Litigation in Texas” to the Tarrant County Bar Association’s Court Staff CLE on June…
What is an Amicus Brief
The main purpose of an amicus brief is to call the court’s attention to some aspect of substantive or procedural law that is raised in the case. Typically, an amicus party will write on the “big picture” aspects of an issue.
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Court Reverses Temporary Injunction In Trust Case Where The Order Was Not Sufficiently Precise But Held That County Court At Law Had Jurisdiction Over Dispute Because A Statutory Probate Judge Presided Over The Case
In In the Est. of Ledbetter, Lonnie Ledbetter Jr. married Tawni in December 2023 at age 81, shortly after his wife of 44 years died. No. 02-25-00263-CV, 2025 Tex. App.
Court Reverses Jurisdictional Challenge In A Will Contest Where There Was A Fact Question On Whether A Prior Will Would Be Admitted And Whether The Decedent Would Be Intestate
In In re Est. of Corbett, Robert William Corbett died on November 26, 2016, unmarried and without children. No. 14-24-00922-CV, 2025 Tex. App. LEXIS 9380 (Tex. App.—Houston [14th Dist.]…
Court Held That Funeral Home Did Not Have Liability For Following Decedent’s Girlfriend’s Directions
In Radford v. Stansbury, Lonzell Radford died on June 21, 2023, while living with Ardie Govan. No. 06-25-00058-CV, 2025 Tex. App. LEXIS 9052 (Tex. App.—Texarkana November 17, 2025, no…
Court Holds That Jury’s Decision That A Will Was A Forgery Should Have Been Entered As The Judgment
In In re Bice, Lois Kathlyn Bice died in 2009, survived by her husband Donald Gene Bice and three daughters. No.10-25-00307-CV, 2025 Tex. App. LEXIS 9005 (Tex. App.—Waco November…
Court Affirmed Rejection Of Executor As Being Unsuitable Who Had Assaulted A Beneficiary
In In re Est. of Terrell, the decedent Sue died on May 15, 2010. No. 12-25-00177-CV, 2025 Tex. App. LEXIS 8901 (Tex. App.—Tyler November 19, 2025, pet. denied). In…
David F. Johnson Recognized for Distinguished Service on the Texas Board of Legal Specialization
David F. Johnson, lead writer for the Fiduciary Litigator Blog, has officially concluded a distinguished six-year tenure on the Board of Directors for the Texas Board of Legal Specialization (TBLS).…
Court Reversed A Jury Trial Due To Inadequate Damage Evidence And Reversed Summary Judgments Based On The Trustee’s Discretion To Make Distributions And An Exculpatory Clause
In Marshall v. Marshall, the Marshall Grandchildren’s Trust (“Trust”) was established in 1987 for Preston Marshall’s benefit, with his parents Elaine and E. Pierce Marshall as trustees. No. 14-23-00276-CV…
Texas Supreme Court Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent
The Texas Supreme Court recently granted the petition for review in the Estate of Charles Edward Long, No. 25-0601. This case deals with a will that provided for bequests…
