In In the Est. of Ledbetter, Lonnie Ledbetter Jr. married Tawni in December 2023 at age 81, shortly after his wife of 44 years died. No. 02-25-00263-CV, 2025 Tex. App. LEXIS 9540 (Tex. App.—Fort Worth December 11, 2025, no pet.). After marriage, Lonnie changed his will to give 80% to
Court Reversed Temporary Injunction Against Co-Trustees
In Marshall v. Marshall, a beneficiary sued the original trustee and five co-trustees of two trusts regarding claims that they breached fiduciary duties. No. 14-17-00930-CV, 2021 Tex. App. LEXIS 1949 (Tex. App.—Houston [14th Dist.] March 16, 2021, no pet. history). After the original lawsuit was filed in Texas, the original trustee filed a petition for declaratory relief in a Louisiana court, requesting the court declare, among other things, that the co-trustees were properly appointed as co-trustees of the trust. The beneficiary obtained a temporary injunction preventing the co-trustees from receiving compensation, disposing of trust assets, and participating in litigation against the beneficiary in Louisiana. The co-trustees appealed.
The court of appeals first reversed the anti-suit injunction aspect of the temporary injunction order because allowing the suit to continue would not create a miscarriage of justice:
Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim
In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and other related entities for a variety of claims arising from the defendants’ attempts
Court Dismisses Appeal From Order Appointing A Temporary Administrator And Reverses Temporary Injunction
In Harris v. Taylor, Harris challenged a probate court’s interlocutory order appointing a temporary administrator and a temporary injunction order enjoining her from accessing certain financial accounts. No. 01-15-00925-CV, 2016 Tex. App. LEXIS 8110 (Tex. App.—Houston [1st Dist.] July 28, 2016, no pet. history). Taylor alleged that Harris had entered
Court Affirmed Trial Court’s Finding That A Girlfriend Did Not Owe Fiduciary Duties To A Husband In the Context Of An Extramarital Affair
In Markl v. Leake, a husband started a long-time extramarital relationship with his girlfriend in 2004. No. 05-15-00455-CV, 2015 Tex. App. LEXIS 11261 (Tex. App.—Dallas November 2, 2015, no pet. history). The husband gave her money, placed her on the payroll of his business, provided her a credit card
Court Dissolves Temporary Injunction That Prevented Actions by Trustee, But Affirms Appointment of Temporary Co-Receivers Over Trust Assets
In Estate of Benson, a beneficiary of a trust sought to remove the trustee, her father, for allegedly violating his fiduciary duties in administering the trust assets. No. 04-15-00087-CV, 2015 Tex. App. LEXIS 9477 (Tex. App.—San Antonio Sept. 9, 2015, no pet. h.). The trustee’s relationship with the beneficiary
There is a Split in the Courts of Appeals Regarding the Requirements to Obtain an Injunction Preventing a Trustee From Paying Lawyers From Trust Funds
In Zaffirini v. Guerra, beneficiaries sued the trustees of a trust for breach of fiduciary duty and removal. No. 04-14-00436-CV, 2014 Tex. App. LEXIS 12761 (Tex. App.—San Antonio November 26, 2014, no pet.). The trustees paid their attorneys from the trust to defend the suit. Beneficiaries obtained a temporary