Di Portanova v. Monroe

OPINION

SHERRY RADACK, Chief Justice.

In this appeal, we consider whether a declaratory judgment is appropriate to resolve a dispute between a beneficiary and a trustee over how the trustee should exercise the discretion given to him in the trust instrument. In accordance with our holding that no justiciable controversy was presented to the trial court on that issue, we vacate that portion of the judgment of the trial court and dismiss that portion of the case. We affirm, however, the portion of the trial court’s judgment declaring that appellee, Richard Monroe, guardian of the Estate of Ugo Di…