 Trustee personally liable:  Own torts, and  Torts of employees, agents, etc.  Trustee may seek reimbursement or exoneration from the trust property.

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Presentation transcript:

 Trustee personally liable:  Own torts, and  Torts of employees, agents, etc.  Trustee may seek reimbursement or exoneration from the trust property in certain situations.  §  §

 Allowed, but only in situations where trustee would be entitled to reimbursement or exoneration.

 1. Common incident tort.  2. Strict liability.  3. Conversion.

 Same as for contract plaintiff.

 Common law = yes.  Texas as of March 9, 1966 = abolished by Texas Supreme Court opinion, but  Charitable Immunity and Liability Act limits liability in some cases.

 What should attorney recommend?