Carroll v. Carroll (1971)

In Carroll v. Carroll, 464 S.W.2d 440 (Tex.Civ.App.-Amarillo 1971, writ dism'd), the Court considered a trial court order approving a receiver's sale of farm land that constituted substantially all the corpus of a trust estate created by a joint will that expressly prohibited any sale of the trust property without consent of the trustee and various specified beneficiaries. 464 S.W.2d at 442. Some of the beneficiaries opposed the sale. The Court affirmed the trial court's order, citing evidence that the land was subject to an imminent foreclosure sale and that family dissension precluded any likelihood of agreement among the beneficiaries, and finding that "the conditions disclosed by the evidence" justified the trial court's exercise of its inherent equitable powers. Id. at 446.