David Fowler Johnson, of Winstead P.C., has made available for download his article, “Court Reverses Receivership in Trust Dispute Where it Failed to Require Bond Applicant to Post a Bond”, published in JDSUPRA. The abstract is as follows:
In Peek v. Mayfield, a beneficiary sued a trustee for breach of fiduciary duty. No. 02-20-00107-CV, 2021 Tex. App. LEXIS 6080 (Tex. App.—Fort Worth July 29, 2021, no pet.). After a bench trial, the district court found that the trustee breached his fiduciary duties, removed him, and entered an order appointing a receiver and awarding other relief. The district’s court’s order did not require the receiver applicant to file a bond payable to the heir, nor did it indicate an appropriate amount for such a bond. The trustee appealed, and the court of appeals reversed:
Posted by Marin Larkin, Associate Editor, Wealth Strategies Journal.