Guardians of a partially incapacitated person filed suit for non-dispositive administrative consolidation of several trusts. The trial court granted relief to the guardians, holding that an in terrorem clause in the wills creating the trusts was not triggered. The appellant had a statutory right to seek such a consolidation and modification of the nondispositive, administrative provisions of the trust did not thwart the testators' intent as set forth in the wills themselves, and no party challenges the modifications to be anything other than administrative, as opposed to dispositive. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-10-01019-CV, 11-30-2012.
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Di Portanova v. Monroe
Tex. App. Dist. 1
December 4, 2012
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