History
  • No items yet
midpage
Grogan v. Grogan
159 Tex. 392
| Tex. | 1959
|
Check Treatment
322 S.W.2d 514 (1959)

C. M. GROGAN et al., Petitioners,
v.
J. G. GROGAN et al., Respondents.

No. A-6969.

Supreme Court of Texas.

February 11, 1959.
Rehearing Denied March 25, 1959.

Carney & Mays, Atlanta, for petitioners.

McClain & Harrell, Conroe, for respondents.

PER CURIAM.

This case involves the validity of two voting trust agreements. The trial court, sitting without a jury, entered a judgment holding both trusts to be invalid. The judgment was affirmed by the Court of Civil Appeals. Tex.Civ.App., 315 S.W.2d 34.

We do not believe the voting trusts to be invalid simply because H. N. Grogan, a settlor and the person for whose benefit it was found the trusts were executed, was himself a party to the agreements and was named as a trustee in them. See Boyer v. Nesbitt, 227 Pa. 398, 76 A. 103; De Marco v. Paramount Ice Corp., Sup., 102 N.Y.S.2d 692; Whiting v. Bryant, 102 Ohio App. 508, 131 N.E.2d 425; 5 Fletcher, Corporations, § 2091, p. 401 (rev. ed. 1952).

Nor do we think that the trusts were invalid merely because H. N. Grogan was the person who had the agreements drawn and who secured the signatures of most of the other settlors to the agreements.

Even though we feel the Court of Civil Appeals did not in all respects correctly declare the law, the application presents no error which requires reversal. The application for writ of error is Refused, No Reversible Error. Rule 483, Texas Rules of Civil Procedure.

SMITH, J., recused himself.

Case Details

Case Name: Grogan v. Grogan
Court Name: Texas Supreme Court
Date Published: Feb 11, 1959
Citation: 159 Tex. 392
Docket Number: A-6969
Court Abbreviation: Tex.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.