Cases Decided
Court Had Jurisdiction To Determine Claims Involving Non-Probate Assets
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet. history). The trial court ruled for the executrix, and the other parties appealed asserting…
Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation Of A Successor Trustees In A Trust Document
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Court Affirmed Order Reinstating Receivership While Case Was On Appeal
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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…
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…
Court Determined That A Deed Did Not Create A Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Hilderbran v. Tex. SW. Council, Inc., parties donated a ranch via a 1930 deed to trustees for the Boy Scouts. No. 04-22-00736-CV, 2024 Tex. App. LEXIS 4390 (Tex. App.—San Antonio June 26, 2024, no pet. history). In 1943, the then acting trustees deeded the ranch to a council.