Texas Property Code - Section 114.084. Contracts Of Trustee
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Texas Laws > Property Code > Texas Property Code - Section 114.084. Contracts Of Trustee
Section: 114.062 114.063 114.064 114.081 114.082 114.0821 114.083 114.084 114.085 115.001 115.002 115.011 115.012 115.013 115.014
§ 114.084. CONTRACTS OF TRUSTEE. (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
(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.
Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, § 2, eff.
Jan. 1, 1984.
Last modified: August 11, 2007