{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-175.20","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-175.20","heading":"Actions for trustee's torts - Personal liability of","body":"trustee.\n\nWhere a trustee or his predecessor has incurred personal\n\nliability for a tort committed in the course of his administration:\n\nA. The trustee in his representative capacity may be sued and\n\ncollection had from the trust property, if the court shall determine\n\nin such action:\n\n1. That the tort was a common incident of the kind of business\n\nactivity in which the trustee or his predecessor was properly\n\nengaged for the trust; or\n\n2. That although the tort was not a common incident of such\n\nactivity neither the trustee nor his predecessor, nor any officer or\n\nemployee of the trustee or his predecessor, was guilty of actionable\n\nnegligence in incurring the liability; or\n\n3. That although the tort did not fall within Classes 1 or 2\n\nabove, it increased the value of the trust property. If the tort is\n\nwithin Classes 1 or 2 above, collection may be had of the full\n\namount of damage proved; and if the tort is within Class 3 above,\n\ncollection may be had only to the extent of the permanent increase\n\nin the value of the trust property.\n\nB. In an action against the trustee in his representative\n\ncapacity under this section the plaintiff need not prove that the\n\ntrustee could have secured reimbursement from the trust fund if he\n\nhad paid the plaintiff's claim.\n\nC. No judgment shall be rendered in favor of the plaintiff in\n\nsuch action unless he proves that within thirty (30) days after the\n\nbeginning of the action, or within such other period as the court\n\nmay fix, and more than thirty (30) days prior to obtaining the\n\njudgment, he notified each of the beneficiaries known to the trustee\n\nwho then had a present or contingent interest of the existence and\n\nnature of the action. Such notice shall be given by mailing copies\n\nthereof in postpaid envelopes addressed to such beneficiaries at\n\ntheir last known addresses. The trustee shall furnish the plaintiff\n\na list of such beneficiaries and their addresses, within ten (10)\n\ndays after written demand therefor, and notification of the persons\n\non such list shall constitute compliance with the duty placed on the\n\nplaintiff by this action. Any beneficiary may intervene in such\n\naction and contest the right of the plaintiff to recover. If any\n\nbeneficiary is a minor or has been adjudged incompetent, the court\n\nshall appoint a guardian ad litem, whose duty it shall be to defend\n\nsuch action.\n\nD. The trustee may also be held personally liable for any tort\n\ncommitted by him, or his agents or employees in the course of their\n\nemployments, subject to the rights of exoneration or reimbursement\n\nprovided in Section 19 of this act.","path":["OK Code","Title 60"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os60.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"29f0cf26dbab7cf96b487e6ae21656b3d7c91e5c3da484354ae7afbac824da4b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-175.2","next":"us-ok/okla.-stat.-tit.-60-60-175.201"},"notice":"GroundRules: Original legal text. Not legal advice."}