David Fowler Johnson
Court Affirmed Order Reinstating Receivership While Case Was On Appeal
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Author David F. Johnson Makes 2024 Texas Super Lawyers® Top 100 Texas Super Lawyers List
By David Fowler Johnson on
Posted in Items of Interest
Winstead PC is pleased to announce that David Johnson has been named to the 2024 Texas Super Lawyers® list and also the Top 100: Texas Super Lawyers and Top 100: Dallas/Fort Worth Super Lawyers in the areas of Estate & Trust Litigation and Business Litigation. There are currently 130,000 licensed…
Court Affirmed A Judgment For An Estate Because The Personal Represented Participated In The Case
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Court Reversed Summary Judgment On Whether A Person Was The Current Trustee And On Certain Modification Claims But Affirmed Summary Judgment Rejecting Termination Of The Trust And On Other Modification Claims
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Crossley v. Crossley, a plaintiff, who was the beneficiary of, or had the power to designate the beneficiary, in two trusts established by his mother, and he filed suit requesting that the court determine whether he or his sister was the trustee, and in the alternative, he sought termination…
Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024). The trial court granted that relief. The court of appeals reversed, holding…
Personal Tribute For Author’s Parents
By David Fowler Johnson on
Posted in Items of Interest
My mother Ann Johnson passed in February of 2022, and my father Derwood Johnson just passed in August of 2024. When a second parent dies, a child mourns both parents’ deaths. I am very lucky to have had my parents, and I have been doing a lot of thinking this…
Court Affirmed Holding That Plaintiffs Did Not Have Standing To Sue Regarding A Charitable Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the benefit of a different religious community. No. 14-23-00131-CV, 2024 Tex. App. LEXIS 3208 (Tex. App.—Houston [14th Dist.] May 9, 2024…
Court Affirmed The Removal Of An Executor For Gross Mismanagement
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history). The friend, who was not an attorney, also drafted wills for them, and named…
Court Granted Motion To Abate A Suit To Remove A Trustee In District Court Because A First Filed Suit In A County Court At Law Had Primary Jurisdiction
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS 3735 (Tex. App.—Eastland May 30, 2024, original proc.). An opposing party filed claims against him in the probate proceeding…