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
Cases Decided
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…
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
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
Posted in Cases Decided, Texas Court of Appeals
Court Holds That A Trustee Was Not A Party To A Suit Where He Was Not Sued In That Capacity And That A Ward In A Guardianship Had The Authority To Create A Trust And Transfer Assets Into It
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Gregg, Kenneth Gregg, an elderly man with dementia, transferred property to his son Monte Gregg in 2023. No. 07-25-00035-CV, 2025 Tex. App. LEXIS 3805 (Tex. App.—Amarillo May 29, 2025, no pet.). In December 2023, Kenneth’s daughters filed for temporary guardianship of Kenneth, which was granted. In July…
Court Held That The TCPA Did Not Apply To A Sanctions Motion In A Trust Dispute And That Contingent Remainder Beneficiaries Had Standing To Assert Breach Of Duty Claims
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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 (Tex. App.—Austin May 29, 2025, no pet.). Plaintiffs allege that the uncles conveyed trust property to themselves and their wives…