In Bernsen v. Allison, the settlor signed a new will in December of 2012 that left everything to his daughter and omitted the children from his deceased son. No. 14-22-00902-CV, 2025 Tex. App. LEXIS 5171 (Tex. App.—Houston [14th] July 22, 2025, no pet.). The grandchildren contested this will on
David Fowler Johnson
Court Affirms A Finding Of Forgery But Reverses Awards Of Remedies Because There Was No Informal Fiduciary Duty Owed By The Defendant
By David Fowler Johnson on
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In Henry v. Henry, the testator, who owned a ranch, died and left a will that devised all her property to her four children in equal shares. No. 02-24-00507-CV, 2025 Tex. App. LEXIS 5917 (Tex. App.—Fort Worth August 7, 2025, no pet.). Darrell, one of the settlor’s sons, recorded…
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
Posted in Cases Decided, Texas Court of Appeals
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 [1st Dist.] August 14, 2025, no pet.). The successor trustee sued for breach of fiduciary duty, conversion, and declaratory and…
Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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 6408 (Tex. App.—Houston [14th Dist.] August 21, 2025, no pet.). In 2003, Herman sold real property owned by GBH to…
Court Granted Mandamus Relief To Require A Plaintiff To Answer Discovery In A Trustee Removal Dispute
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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, 2025, original proceeding). In 2020, the settlor’s son sued for a declaratory judgment regarding distributions. In October of 2024, the…
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
Posted in Cases Decided, Texas Supreme Court
Court Orders Trial Court To Grant A Consolidation Of Two Trust Cases
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Courts Grant Mandamus To Compel Arbitration In A Will Dispute
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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 871 (Tex. App.—Waco February 13, 2025, original proceeding). After R.C.’s death in 2021, his will was admitted to probate. R.C.’s…
Court Holds That A Trustee Cannot Appeal An Order Pro Se
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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 Tex. App. LEXIS 4958 (Tex. App.—Houston [14th Dist.] July 15, 2025, orig. proceeding). The court of appeals held that only…
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
Posted in Cases Decided, Texas Court of Appeals