1. Tort Liability

2. Suit against Trustee personally
Trustee personally liable:
Own torts, and
Torts of employees, agents, etc.
Note that in UTC states, trustee does not have respondent superior liability.
Trustee may seek reimbursement or exoneration from the trust property in certain situations. § §

3. Suit against Trustee in representative capacity
Allowed, but only in situations where trustee would be entitled to reimbursement or exoneration.

4. When Trustee entitled to reimbursement or exoneration
1. Common incident tort.
2. Strict liability.
3. Conversion.

5. Notice duties of tort plaintiff
Same as for contract plaintiff.

6. Charitable Immunity 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.

7. Duty of Attorney for Trustee
What should attorney recommend?