Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: constructive trust

In A Usurpation Of Corporate Opportunity Case, The Texas Supreme Court Reversed A Constructive Trust Due To A Failure To Trace The Property To The Alleged Fiduciary Breaches And Reversed A Disgorgement Award Because There Was No Finding Of The Fiduciaries’ Profits

In Longview Energy Co. v. The Huff Energy Fund, LP, Longview Energy Company sued two of its directors and their affiliates after discovering one affiliate purchased mineral leases in an area where Longview had been investigating the possibility of buying leases. No. 15-0968, 2017 Tex. LEXIS 525 (Tex. June 9, 2017). A jury found that… Continue Reading

Texas Supreme Court Refuses To Rule On Whether Texas Recognizes Tortious Interference With Inheritance Rights And Affirms A Constructive Trust Based On A Finding Of Mental Incompetence

In Jackson Walker LLPO v. Kinsel, Lesey and E.A. Kinsel owned a ranch, and when E.A. died, he divided his half between his children and Lesey. Jackson Walker, LLPO v. Kinsel, No. 07-13-00130-CV, 2015 Tex. App. LEXIS 3586 (Tex. App.—Amarillo April 10, 2015), aff’d in part, 2017 Tex. LEXIS 477 (Tex. May 26, 2017). Lesey… Continue Reading

Court Concludes Spouses’ Joint Will Was a Contractual Will and Imposes Constructive Trust to Enforce Terms of Joint Will

In Estate of Pursley, a husband and wife (Harold Sr. and Mildred) with three children executed a joint will in 1975 that provided the survivor would take the entire estate “to be used, occupied, enjoyed, conveyed and expended by and during the life of such survivor, as such survivor shall desire and that upon the… Continue Reading

There is a Split in the Courts of Appeals as to Whether a Tortious Interference With Inheritance Claim Exists in Texas

In Jackson Walker, LLPO v. Kinsel, Lesey and E.A. Kinsel owned a ranch, and when E.A. died, he divided his half between his children and Lesey. No. 07-13-00130-CV, 2015 Tex. App. LEXIS 3586 (Tex. App.—Amarillo April 10, 2015, pet. filed). Lesey owned 60% at that point. Lesey placed her interest into an intervivos trust, which… Continue Reading
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