Missing Trust Agreement

The purpose of the court`s petition is to clean up a trust agent and authorize a proposed distribution of the trust. After the order, the agent is entitled to insurance and takes the proceeds of the insurance. In this way, we have hunted more than a trust. Sometimes it works; sometimes not. Sometimes the agent hides. We`ve hired private investigators to find out who`s hiding. Id. at 58. The Court of Appeal approved The Hague`s confession because there was evidence that a signature card existed once, but was lost. See id. The court stated: «If a signed written contract is lost or destroyed, so that the party seeking to prove or enforce the agreement is not in a position to present the written agreement to the courts, the existence and terms of the written contract can be proven by clear and convincing evidence.» Id. (citing EP Operating Co.

v. MJC Energy Co., 883 S.W.2d 263, 267 n.1 (Tex. App.-Corpus Christi 1994, writ denied); Chakur against. Zena, 233 S.W.2d 200, 202 (Tex. Civ. App.– San Antonio 1950, no writ); Mark K. Glasser – Keith A. Rowley, On Parol: The Construction and Interpretation of Written Agreements and the Role of Extrinsic Evidence in Contract Litigation, 49 Baylor L. Rev. 657, 734-35 (1997)). The court concluded: «As the contractual documents attesting to the establishment of the Hague account were not included in the evidence, the court did not err in admitting the Hague`s deposition on the terms of the account.» Id. On the basis of the applicant`s testimony, the court upheld the jury`s verdict that a trust account had been opened and that the beneficiary was not entitled to withdraw the money, since the only person who could withdraw money from a trust account was the person claiming to be the agent, unless that person died.

See id. (referring to Tex. End. Code Ann. See also Armstrong v. Roberts, 211 S.W.3d 867 (Tex. App.-El Paso 2006, fart. denied) (The testimony of the bank representative regarding the content of the missing second page of the account agreement was sufficient to support the court`s finding that the account had a survival effect); In re Estate of Berger, 174 S.W.3d 845, 846 (Tex. App.-Waco 2005, no pet.) (Parol proved the contents of a trust agreement); Phillips v. Ivy, n° 10-02-00266-CV, 2004 Tex. App. LEXIS 7539 (Tex.

App.-Waco August. 18 2004, fart. Denied) (a surviving spouse was authorized to authorize an «exemplary» CD used during the useful period to prove the conditions of the missing document).