Cooper v. Cochran, 288 S.W.3d 522 (Tex. App.—Dallas 2009, no pet.).
Both the trial and appellate courts agreed that an inter vivos trust
was invalid because Settlor was induced to enter into the trust because
of fraud, duress, and undue influence. With regard to the fraud claim,
the evidence showed that the settlor placed property into the trust for
Beneficiary in exchange for Beneficiary’s (grandson’s) promise to take
care of Settlor (grandmother). Further, the evidence showed that
Beneficiary never intended to take of Settlor.
Regarding the duress and undue influence assertions, the evidence
revealed that Beneficiary told Settlor that “she would never see the
light of day” and that he would “put her in an insane asylum” if she did
not sign the trust. This, coupled with the fact that Settlor was
elderly, living alone, and needed assistance, was sufficient evidence to
support the trial court’s finding of duress and undue influence.
Note: This is a restatement of Cooper v. Cochran, 272 S.W.3d 756 (Tex.
App.—Dallas 2008, no pet. h.), which was withdrawn after the court
learned that Cooper filed for bankruptcy during the pendency of the
appeal rendering the court’s original opinion void.
Moral: A trial court’s finding of fraud, duress, or undue influence will
be difficult to set aside on appeal.