Texas Statutes (Last Updated: January 4, 2014) |
PROPERTY CODE |
Title 9. TRUSTS |
Subtitle B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS |
Chapter 114. LIABILITIES, RIGHTS, AND REMEDIES OF TRUSTEES, BENEFICIARIES, AND THIRD PERSONS |
Subchapter D. THIRD PERSONS |
Sec. 114.085. PARTNERSHIPS
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(a) To the extent allowed by law, a trustee who takes the place of a deceased partner in a general partnership in accordance with the articles of partnership is liable to third persons only to the extent of the:
(1) deceased partner's capital in the partnership; and
(2) trust funds held by the trustee.
(b) A trustee who contracts to enter a general partnership in its capacity as trustee shall limit, to the extent allowed by law, the trust's liability to:
(1) the trust assets contributed to the partnership; and
(2) other assets of the trust under the management of the contracting trustee.
(c) If another provision of this subtitle conflicts with this section, this section controls. This section does not exonerate a trustee from liability for negligence.