Texas Property Code 114.084 – Contracts of Trustee
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(a) If a trustee or a predecessor trustee makes a contract that is within his power as trustee and a cause of action arises on the contract, the plaintiff may sue the trustee in his representative capacity, and a judgment rendered in favor of the plaintiff is collectible by execution against the trust property. The plaintiff may sue the trustee individually if the trustee made the contract and the contract does not exclude the trustee’s personal liability.
(b) The addition of “trustee” or “as trustee” after the signature of a trustee who is party to a contract is prima facie evidence of an intent to exclude the trustee from personal liability.
Terms Used In Texas Property Code 114.084
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Trustee: A person or institution holding and administering property in trust.
(c) In an action on a contract against a trustee in the trustee’s representative capacity the plaintiff does not have to prove that the trustee could have been reimbursed by the trust if the trustee had paid the claim.