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Cases Decided, Texas Court of Appeals

Court Held That District Court Had Concurrent Jurisdiction Over Probate Matters In County With No Statutory Probate Court

By David Fowler Johnson on
Cases Decided, Texas Court of Appeals

Court Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting Evidence After A Jury Trial

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Cases Decided, Texas Court of Appeals

Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary Duty Judgment But Affirmed The Omission Of Pre-Judgment Interest

By David Fowler Johnson on

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Becoming a Fiduciary Litigator — State Bar of Texas Course

By Winstead

Lead writer for the Fiduciary Litigator blog, David F. Johnson, participated in a panel on trying a fiduciary case…

When to Call a Lawyer After Fraud Strikes (AARP Article)

By Winstead

When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares…

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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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Cases Decided, Texas Court of Appeals

Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary Duty Judgment But Affirmed The Omission Of Pre-Judgment Interest

By David Fowler Johnson on

In Kuers v. Shore, defendant was the trustee of a trust from 2016 to 2017, and he was then removed. No. 01-24-00098-CV, 2025 Tex. App. LEXIS 6124 (Tex. App.—Houston…

Cases Decided, Texas Court of Appeals

Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty

By David Fowler Johnson on

In Herman v. Metz, in 1989, Robert P. Metz and Dwayne Herman formed GBH Enterprises, Inc., and Metz owned 20% and Herman owned 80%. No. 14-24-00277-CV, 2025 Tex. App. LEXIS…

Cases Decided, Texas Court of Appeals

Court Granted Mandamus Relief To Require A Plaintiff To Answer Discovery In A Trustee Removal Dispute

By David Fowler Johnson on

In In re Gruss, Shawn Gruss was appointed trustee of the Gallagher Family Trust in 2016. No. 14-25-00098-CV, 2025 Tex. App. LEXIS 6596 (Tex. App.—Houston [14th Dist.] August 25…

Cases Decided, Texas Supreme Court

Texas Supreme Court Holds That A Settlor And Third Party Did Not Have To Fund Stock Into A Trust Where It Was Contingent On The Third Party’s Consent

By David Fowler Johnson on

In Inwood Nat’l Bank v. Fagin, Christy Fagin, owner of over two million shares of Inwood Bancshares, Inc., which was her separate property, entered into a trust with her…

Cases Decided, Texas Court of Appeals

Court Orders Trial Court To Grant A Consolidation Of Two Trust Cases

By David Fowler Johnson on

In In re Marshall, this case involves two related probate court cases where in one Preston Marshall alleges that Elaine T. Marshall breached her fiduciary duties as trustee of…

Cases Decided, Texas Court of Appeals

Courts Grant Mandamus To Compel Arbitration In A Will Dispute

By David Fowler Johnson on

In Hollingsworth v. Swales, Richard C. Harris (R.C.) executed a will in 2017 and a codicil in 2020, which contained an arbitration provision. No. 10-23-00018-CV, 2025 Tex. App. LEXIS…

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Webinars

Recorded Webinar – Ethics in Estate Planning, Probate, and Trust Administration

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In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses estate planning, probate, and trust administration is a complex field of law that involves…

Items of Interest

David F. Johnson Receives the 2026 JD Supra Readers Choice Award – Top Author in Wealth Management

By Winstead on

Congratulations to Winstead Shareholder David F. Johnson for being named a recipient of the 2026 JD Supra Readers’ Choice Awards. This achievement marks David’s eighth year of recognition in the…

Cases Decided, Texas Court of Appeals

Court Holds That A Trustee Cannot Appeal An Order Pro Se

By David Fowler Johnson on

In In re Est. Living Trust U/A Dated December 2023, the court addressed whether a trustee may appear pro se in litigation on behalf of a trust. No. 14-25-00521-CV, 2025…

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