CAUSE NO. _________ § IN THE DISTRICT COURT OF VS. § LIBERTY COUNTY, TEXAS § _____ JUDICIAL DISTRICT COURT PLAINTIFFS ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES _______________, hereinafter to as Plaintiff, complaining of _______________________, hereinafter referred to as Defendant, and for cause of action would respectfully show unto the Court and Jury as follows:
I
His case seeks damages of more than $50,000 and pursuat to Rule 190.1 Tex. R. Civ. P., discovery will be conducted under Level 2.
II.
Plaintiff is a resident citizen of ________________.
III.
On ________________, (how and when trust was set up.) The current Trustees are Defendants, ____________________________ The problem with the trust, and attach Agreement, listing property codes and trust statutes and violations.
IV.
Defendants, ________________, have been the Trustee of the ________________________ since (date) and despite numerous attempts from Plaintiffs, ______________________, the books and accounts of the Trust have not been made available to Plaintiffs. Further, the Trustees, _________________, have failed to make any annual statements showing the itemized receipts and disbursements of the income and principal of the Trust, and otherwise reflecting the condition thereof and furnish copies of such statements to Plaintiffs, _____________________. ___________________, the Plaintiffs herein, allege that Defendants, ________________, was charged with acting in a fiduciary capacity in exercising his powers and duties as a Trustee. It is alleged that Defendants, _____________________, acting in concert with _________________, breached said fiduciary duty in exercising his powers and duties as Trustee, which produced or proximately caused damages to the Trust estate and ultimately to the beneficiary, Jessica Vickery, the Plaintiff. Further, Defendants, ___________________, Trustee, in concert with _______________, either by acting or failing to act was grossly negligent in exercising his duties as Trustee of the ____________________, which produced or proximately caused damages to the Trust estate and ultimately to the beneficiaries, ___________________, Plaintiffs.
V.
Some of the Defendants’ duties as Trustee were to: (1) _________________ (2) _________________ (3) _________________
VI.
The Defendants, _________________, Trustees, breached his fiduciary duty to the Trust and/or was grossly negligent by his failure and refusal to perform such duties and exercise such powers in the purchase, exchange, rental, leasing, maintaining, managing or otherwise dealing with the properties of the Trust, thereby proximately causing or producing damages to the Trust, and ultimately the beneficiaries, Plaintiffs, _________________, by the loss of income and diminution in value of the corpus of the Trust. _________________________, knew about, participate in and sanctioned such conduct on the part of_________________, Trustee, to the damage of the Trust Estate.
VII.
Plaintiffs, _________________, seek to recover from Defendants, _________________, unliquidated damages her Trust has suffered and will suffer in the future due to his conduct in the management and mismanagement of the Trust.
VIII.
Plaintiffs, _________________, further seek to recover from Defendants, _________________, exemplary damages for the Trust because of his grossly negligent or intentional conduct in the management and mismanagement of her Trust.
IX.
Plaintiffs, _________________, also seek to recover their attorney’s fees from Defendants, _________________.
X.
Plaintiffs also seek the immediate removal of _________________, as Trustee of the Trust and that the Court order the following: (1) That _________________ be relieved of all duties as Trustee of the “_________________” and, within ten (10) days, to turn over and deliver to the successor Trustee appointed by the Court all properties and unaltered records of the Trust in his possession together with a final and first-time detailed, verified accounting of all activities and transactions, insurance claims, insurance settlements, procurement, sales, conveyances, and leases occurring during his tenure; (2) The Court is requested to appoint _________________ as successor Trustee to not only collect and henceforth manage the assets and liabilities of the Trust, but to do an audit of the Trust and thereafter report its findings to the Court as to the financial condition of the Trust and its plan to manage the Trust to achieve a goal of solid and sound growth.
XI.
Because of the above set forth allegations about the acts of Defendants, _________________, Trustee, that relate to the handling of the Trust and the violations of his duties and responsibilities, Plaintiffs request that the Court set an immediate hearing, on notice to Defendants, _________________, for the purpose of relieving _________________ of his duties as Trustee and appointing _________________ as Trustee, with full powers to act in this matter. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear upon citation being issued and served and that Plaintiff be granted all relief sought hereby and herein, and for such other relief to which he is entitled. Respectfully submitted, LAW OFFICE OF
MICHELLE MANGUM-MERENDINO

MICHELLE MANGUM-MERENDINO
State Bar Number_________________
424 Main Street
Liberty, Texas 77575
Telephone: (936) 336-2299
Fax: (936) 336-5966

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[ 1 ]. No Accounting has been heretofore forthcoming notwithstanding the fact that Defendant has been serving in a fiduciary capacity since ________.