In Preston Hollow Cap., LLC v. Truist Bank, an entity was a bond obligor and failed to follow the requirements of the bond documents. 729 S.W.3d 46 (Tex. Bus. Ct. First Division December 19, 2025, no pet.). Truist Bank initially served as trustee. The bond obligor was required to deposit
trustee liability
Appellate Court Affirmed An Order Denying A Beneficiary’s Request For Injunctive Relief To Require A Trustee To Reimburse The Trust For Attorney’s Fees Spent Defending Breach Of Fiduciary Duty Claims
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re McIntire, trust beneficiaries sued a trustee for multiple allegations of breach of fiduciary duty. No. 07-22-00249-CV, 2023 Tex. App. LEXIS 60 (Tex. App.—Amarillo January 5, 2023, original proceeding). The trust beneficiaries filed a motion for partial summary judgment, which the trial court denied. The trust beneficiaries…
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).