In re Ashton, 266 S.W.3d 602 (Tex. App.—Dallas 2008, no pet.).
The trial court awarded relief against a trust. The appellate court
granted mandamus relief because neither the trust nor the trustee had
been made a party to the action. A suit against a trust must be brought
against the trustee, that is, the legal representative of the trust.
Accordingly, for a judgment to be rendered against a trust, “its trustee
must be properly before the trial court as a result of service,
acceptance, or waiver of process, or an appearance. * * * Stated
differently, for relief to be granted against a trust, the trust—through
its trustee—must be made a party to the action.” Id. at 604. The fact
that the trustee in his individual capacity was party to the lawsuit did
not cure the defect.
Moral: When seeking relief against a trust, be certain to join the
trustee in its representative capacity as a party to the action.