It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding the construction, interpretation, or operation of the will/trust or any matter involving the administration of the estate/trust or any rights of any
discretion
Court Held That A Beneficiary Could Not Usurp A Trustee’s Right To Direct Litigation And Did Not Have Standing To Sue The Trustee On Behalf Of The Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re XTO Energy Inc., a beneficiary, on behalf of the trust, sued an oil and gas operator for allegedly not paying sufficient funds to the trust and also sued the trustee for refusing to bring that claim. No. 05-14-01446-CV, 2015 Tex. App. LEXIS 7723 (Tex. App.—Dallas July 27, 2015, original proceeding). The…