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Cases Decided, Texas Court of Appeals

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

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Cases Decided, Texas Court of Appeals

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

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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

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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 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…

Cases Decided, Texas Court of Appeals

Court Held That A Will Devised Real Property In Fee Simple And Not In A Life Estate Where There Was No Residuary Clause

By David Fowler Johnson on

In In re Estate of Bird, Jimmy and Ada were married for almost 70 years and operated a family ranch together. No. 07-24-00184-CV, 2025 Tex. App. LEXIS 4535 (Tex.

Upcoming Webinar
Webinars

Upcoming Webinar: Ethics in Estate Planning, Probate, and Trust Administration

By Winstead on

David F. Johnson, lead writer for the Fiduciary Litigator blog, will address estate planning, probate, and trust administration is a complex field of law that involves high-stakes decisions affecting…

Cases Decided, Texas Supreme Court

Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will Contest

By David Fowler Johnson on

In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to…

Cases Decided, Texas Court of Appeals

Court Holds That A Trust Should Be Construed Under Connecticut Law Due To A Choice-Of-Law Clause And Reverses the Dismissal of Modification And Disclosure Claims

By David Fowler Johnson on

In Litoff v. Case, a beneficiary sued a trustee regarding a trust modification claim and a claim for an accounting. No. 03-24-00400-CV, 2025 Tex. App. LEXIS 3645 (Tex. App.—Austin…

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