Trusts - Creation

McAnally v. Friends of WCC, Inc., 113 S.W.3d 875 (Tex. App.—Dallas 2003, no pet. h.).

A deed conveyed land to named individuals “as trustees” of a cemetery. After a dispute arose, a corporation was formed for the purpose of acquiring control and ownership over the land. This corporation asserted that the original grant created a trust. The court held that the use of the term “trustee” did not create a trust, especially since the deed failed to name a beneficiary. Thus, the corporation could not use the Texas Trust Code to seek relief.

Moral: The mere use of trust language will not necessarily create a trust.