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MARTIN v. MARTIN

No. 06-10-00005-CV.

363 S.W.3d 221 (2012)

Scott D. MARTIN, Individually and as Trustee of the Ruben S. Martin, III, Dynasty Trust, Appellant, v. Courtney Noel MARTIN and Robin Thomas Martin, Appellees.

Court of Appeals of Texas, Texarkana.

Decided: March 20, 2012.

Rehearing Overruled April 24, 2012.

Attorney(s) appearing for the Case

Jeffrey B. McClure , Georgia L. Lucier , Andrews Kurth, LLP, Houston, for appellant.

David W. Holman , The Holman Law Firm, PC, Houston, John R. Mercy , Mercy *Carter* Tidwell, LLP, Texarkana, for appellees.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

I. Introduction

This case presents a question of whether a trustee owes fiduciary duties to the beneficiaries of the trust even when the trust document relieves him of the duty of loyalty. We hold that statutory provisions impose certain duties on the trustee that cannot be waived; the evidence is sufficient to support a jury finding that the trustee violated a fiduciary...

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