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In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643…
Latest from the Knowledge Library
In this recorded webinar, Winstead Shareholders David F. Johnson and Rebecca C. Bergeron explore the many issues trustees face when…
David F. Johnson recently published another article in the Texas Tech Estate Planning and Community Property Law Journal. This article…
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 Holds That Residuary Bequest Lapsed And Assets Should Go To The Heir At Law
In In re Est. of Edward Long, the primary legal issue concerned the interpretation of a will, specifically whether the residuary clause—which bequeathed the residue of the estate to…
David F. Johnson, lead writer for the Fiduciary Litigator blog, and Rebecca Bergeron will address the many issues that a trustee has to address when managing oil and gas…
David Fowler Johnson Recognized as a 2026 Lawyer of the Year by Best Lawyers in America
Winstead PC is pleased to announce that David Fowler Johnson has been recognized by Best Lawyers in America as a 2026 “Lawyer of the Year.” This honor is a testament…
Court Holds That Step Children Did Not Owe Informal Fiduciary Duties To Their Step Father And There Was No Formal Fiduciary Relationship
In In re In the Est. of Booth, Bill and Doris were married in 1991 and had separate and joint accounts, No. 02-24-00056-CV, 2025 Tex. App. LEXIS 2666 (Tex.
Court Reversed Judgment Against A Trustee Due To Jury Instruction Errors And Also Held That A Party Is Not Entitled To A Jury Trial In Trustee Removal Actions
In White v. White, an income beneficiary of a trust was retained to manage ranch property. 704 S.W.3d 250 (Tex. App.—El Paso 2024, no pet.). He later became trustee…
Court Dismissed Appeal From Interim Trust Orders Because It Lacked Jurisdiction
In White v. White, an income beneficiary of a trust was retained to manage ranch property. No. 08-23-00244-CV, 2024 Tex. App. LEXIS 8896 (Tex. App.—El Paso December 19, 2024…
In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV…
Court Affirmed A Probate Court’s Granting Of Plea To The Jurisdiction Based On The Estate Beneficiaries’ Lack Of Standing
In Est. of Smith, the beneficiaries of an estate filed claims that the decedent was mentally incompetent when she deeded her residence to her grandson and granddaughter-in-law. No. 02-24-00175-CV, 2024…
David F. Johnson recently published another article in the Texas Tech Estate Planning and Community Property Law Journal. This article is titled: “Issues Involving the Attorney-Client Privilege and Trustees in…


