Calvert v. Estate of Calvert

I agree with the majority in affirming the trial court’s decision to award attorney’s fees; however, I believe Arkansas law governs the issue of attorney’s fees and would therefore affirm using Arkansas law.

As the majority states, there is no question that the substantive issue in this case was decided pursuant to the Texas Trust Code as dictated by the provisions of the trust in question. The use of Texas law to decide the substantive issue, however, does not imply that Texas law applies to a procedural issue as well. See Norton v. Luttrell, 99 Ark. App. 109, 257 S.W.3d 580 (2007) (“Under…