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
successor trustee
Court Affirmed Summary Judgment For Successor Trustees Due To A Clause Stating That They Had No Duty To Investigate Former Trustee’s Actions
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Benge v. Roberts, a beneficiary sued co-trustees and sought to remove them for breaching duties by not considering claims against a former trustee. No. 03-19-00719-CV, 2020 Tex. App. LEXIS 6335 (Tex. App.—Austin August 12, 2020, no pet. history).
Court Holds That A Trustee Has To Serve Until Properly Replaced
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Waldron v. Susan R. Winking Trust, a daughter was a beneficiary of a trust set up by her parents. No. 12-18-00026-CV, 2019 Tex. App. LEXIS 5867 (Tex. App.—Tyler July 10, 2019, no pet. history). The original trustee resigned, and the trust document provided:
If a Beneficiary Sues a Trustee for Improperly Taking Assets From the Trust, the Trust is Entitled to the Recovery and Not the Beneficiary
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Fetter v. Brown, a beneficiary sued a trustee for breach of duty, and trial court awarded the beneficiary over $1.3 million in actual damages and $.7 million in punitive damages. No. 10-13-00392-CV, 2014 Tex. App. LEXIS 11209 (Tex. App.—Waco October 9, 2014, pet. denied). The court of appeals held…