Martin v. Martin

OPINION

Opinion by

Justice CARTER.

I. Introduction

This case presents a question of whether a trustee owes fiduciary duties to the beneficiaries of the trust even when the trust document relieves him of the duty of loyalty. We hold that statutory provisions im*224pose certain duties on the trustee that cannot be waived; the evidence is sufficient to support a jury finding that the trustee violated a fiduciary duty, but is legally insufficient to support a jury determination of damages for the beneficiaries.

Scott D. Martin appeals the trial court’s judgment finding him liable for failing to administer…