Oklahoma § 60-175.20 - Actions for trustee's torts - Personal liability of

§ 60-175.20. Actions for trustee's torts - Personal liability of

trustee.

Where a trustee or his predecessor has incurred personal

liability for a tort committed in the course of his administration:

A. The trustee in his representative capacity may be sued and

collection had from the trust property, if the court shall determine

in such action:

1. That the tort was a common incident of the kind of business

activity in which the trustee or his predecessor was properly

engaged for the trust; or

2. That although the tort was not a common incident of such

activity neither the trustee nor his predecessor, nor any officer or

employee of the trustee or his predecessor, was guilty of actionable

negligence in incurring the liability; or

3. That although the tort did not fall within Classes 1 or 2

above, it increased the value of the trust property. If the tort is

within Classes 1 or 2 above, collection may be had of the full

amount of damage proved; and if the tort is within Class 3 above,

collection may be had only to the extent of the permanent increase

in the value of the trust property.

B. In an action against the trustee in his representative

capacity under this section the plaintiff need not prove that the

trustee could have secured reimbursement from the trust fund if he

had paid the plaintiff's claim.

C. No judgment shall be rendered in favor of the plaintiff in

such action unless he proves that within thirty (30) days after the

beginning of the action, or within such other period as the court

may fix, and more than thirty (30) days prior to obtaining the

judgment, he notified each of the beneficiaries known to the trustee

who then had a present or contingent interest of the existence and

nature of the action. Such notice shall be given by mailing copies

thereof in postpaid envelopes addressed to such beneficiaries at

their last known addresses. The trustee shall furnish the plaintiff

Oklahoma Statutes - Title 60. Property

a list of such beneficiaries and their addresses, within ten (10)

days after written demand therefor, and notification of the persons

on such list shall constitute compliance with the duty placed on the

plaintiff by this action. Any beneficiary may intervene in such

action and contest the right of the plaintiff to recover. If any

beneficiary is a minor or has been adjudged incompetent, the court

shall appoint a guardian ad litem, whose duty it shall be to defend

such action.

D. The trustee may also be held personally liable for any tort

committed by him, or his agents or employees in the course of their

employments, subject to the rights of exoneration or reimbursement

provided in Section 19 of this act.

Laws 1941, p. 254, § 20.