Chapman Children’s Trust v. Porter & Hedges, 32 S.W.3d 429 (Tex. App.—Houston [14th Dist.] 2000, pet. denied).
Claimant asserted that a law firm became the trustee of a trust when it
received the proceeds of a settlement of a lawsuit. Both the trial and
appellate courts held that a trust was not created because there was no
language in the settlement agreement reflecting an intent to create a
trust. The duties among the parties were contractually based. A court
will not impose a trust where the parties contemplated another
relationship.
Moral: Courts are unwilling to impose trust duties in a situation where
the parties intended another type of legal relationship.