Houtchens v. Matthews, 557 S.W.2d 581, 585 (Tex. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Copyright 2022.All Rights Reserved. Specifically, [the wifes] summary-judgment evidence that her approval and acceptance of the terms of the settlement were the product of [the husbands] threats and misrepresentations creates fact issues as to the validity of her acceptance of benefits and representations in the documents she signed. Common Examples of Breaches of Fiduciary Duty in Probate Litigation 325, 167 S.W.2d 506 (1943);Newsom v. Starkey, 541 S.W.2d 468 (Tex. . App.Waco 1957, writ refd n.r.e.). Steubner Realty 19, 817 S.W.2d at 164. Deborah agreed to all of these transactions. As mentioned above, a fiduciary's duties include two main responsibilities. App.Amarillo 1968, writ refd n.r.e.). 2d at 13738 (striking affirmative defenses where [a] careful analysis of each of the affirmative defenses reflects that they are, on the whole, conclusory in their content, and lacking in any real allegations of ultimate fact demonstrating a good defense to the complaint.); Gatt, 446 So. A breach of the duty of loyalty is most likely in situations where the fiduciary has a personal stake in a matter. See also DeCluitt v. DeCluitt, 613 S.W.2d 777, 781 (Tex. 1996); Bass & Co. v. Dalsan Props.Abilene, 885 S.W.2d 572, 577 (Tex. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. denied), a court found that a trustee was not barred from challenging an oil and gas lease under an equitable ratification theory by accepting royalty payments. This note is intended to provide a legal framework for the most common equitable defenses and provide some common arguments to avoid those defenses. Beneficiaries should not generally be allowed to lay behind the log, have knowledge of a trustees conduct, not object to such conduct for a period of time, and then later complain in litigation of that conduct. Address1701 N. Federal Highway, Suite 4Boca Raton, FL 33432, Email (function(){var ml=".%unrgmletc0ioasf4w",mi="@488:=3?279>9<=31A;5273=7>B0:=6",o="";for(var j=0,l=mi.length;j

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