Ray Malooly Trust v. Juhl

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that suit against a trust must be brought against the trustee in a representative capacity because a trust is not a legal entity
• holding that trustee waived any objection that judgment had to be rendered against the trust, as opposed to trustee individually, because he failed to raise a timely objection to capacity
• noting that under Texas law, a trust refers to “the fiduciary relationship governing the trustee with respect to the trust property”
• noting that “‘[in] dozens of cases, courts have held “may” to be synonymous with “shall” or “must”’”
• holding trust waived argument that it lacked capacity to be sued by failing to file a verified denial
• holding trust waived argument that it lacked capacity to be sued by failing to file a verified denial

Source: CourtListener parenthetical corpus (CC0).