pjc-family-2024-lib

E XPRESS T RUSTS

PJC 235.17

If damages are sought based on PJC 235.9 and that question is submitted as shown in PJC 235.9 (that is, with separate answers for each duty) rather than in broad form, the conditioning instruction should be reworded accordingly. Source. The foregoing submission is based on Tex. Prop. Code § 114.006 (liabil ity of cotrustees). See also Trinity-Universal Insurance Co. v. Maxwell , 101 S.W.2d 606, 609 (Tex. App.—Austin 1937, writ dism’d) (discussing standard for liability of two trustees, one of whom less actively participated in fraud); Commercial National Bank v. Hayter , 473 S.W.2d 561, 567 (Tex. App.—Tyler 1971, writ ref’d n.r.e.) (although two trustees voted not to appeal or seek new trial, third trustee could appeal). Rewording instruction. A description of the act complained of in the particular case should be substituted for the words failure to insure the trust property in Question 1 and for failing to insure the trust property and the failure to insure the trust property in Question 2.

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