Akin v. Dahl

2 Analyses of this case by attorneys

  1. Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility

    Winstead PCDavid Fowler JohnsonJuly 28, 2020

    “Ill will or hostility between a trustee and the beneficiaries of the trust, is, standing alone, insufficient grounds for removal of the trustee from office.” Akin v. Dahl, 661 S.W.2d 911, 913 (Tex. 1983). However, a trustee will be removed if his hostility or ill will affects his performance.

  2. Court Affirmed A Trial Court’s Holdings On The Removal Of A Trustee, The Trustee’s Discretion To Construe A Trust, A Trustee’s Advice Of Counsel And In Terrorem Defenses, And The Termination Of A Trust 

    Winstead PCDavid Fowler JohnsonJune 4, 2020

    See, e.g., Ditta v. Conte, 298 S.W.3d 187, 190-91 (Tex. 2009). See alsoAkin v. Dahl, 661 S.W.2d 911, 914 (Tex. 1983); Moore v. Sanders, 106 S.W.2d 337, 339 (Tex. Civ. App.—San Antonio 1937, no writ). “Ill will or hostility between a trustee and the beneficiaries of the trust, is, standing alone, insufficient grounds for removal of the trustee from office.” Akin, 661 S.W.2d at 913.