Dierschke v. Central National Branch of First National Bank at Lubbock

KIDD, Justice.

Appellee, the Central National Branch of First National Bank at Lubbock (“the Bank”), filed suit for specific enforcement of a partition agreement against appellant Marvin A. Dierschke in his capacity as trustee of five trusts created for his children. 1 After a bench trial, the district court ordered parti tion according to the agreement. Dierschke appeals in his capacity as trustee, presenting the novel situation of a trustee challenging his own actions as beyond the powers granted to him by the trust document. We will affirm the district court judgment.

BACKGROUND

At the center…