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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.

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