Di Portanova v. Monroe

OPINION

SHERRY RADACK, Chief Justice.

In this appeal, we consider whether a suit for non-dispositive administrative consolidation of several trusts, filed by guardians of a partially incapacitated person pursuant to Section 112.054 of the Texas Property Code, triggered an in terrorem1 clause in the wills creating the trusts, thus resulting in a forfeiture of the ward’s interest in the trusts. We affirm.

BACKGROUND

The Parties

Ugo Di Portanova is the 74-year-old grandson of H.R. and Lillie Cullen. Ugo is partially incapacitated2 and has lived with Annunziata and Umberto LaMatta since 1974. In 1998,…