unnamed contingent beneficiary standing

In Berry v. Berry, one brother sued his other three brothers regarding the leasing of a family ranch. No. 20-0687, 2022 Tex. LEXIS 405 (Tex. May 13, 2022). The family ranch was owned by a limited partnership. The largest limited partner was a trust, and all four brothers were trustees of the trust. A family business, which the plaintiff was no longer an owner of, used the family ranch under an alleged oral lease. The plaintiff alleged that the oral lease was for too long a period and was for inadequate lease payments. The plaintiff filed suit in 2016 and complained about the time period of 2000-2007. The plaintiff sued in his capacity as a co-trustee of the trust and as a beneficiary of the trust. The trial court granted summary judgment for the defendants based on the statute of limitations. The court of appeals reversed.
Continue Reading Texas Supreme Court Dismisses Claims By Co-Trustee And Beneficiary Due To Statute Of Limitations And Clarifies That An Unnamed Contingent Beneficiary Can Have Standing To Sue