In re Graham

In In re Graham, 971 S.W.2d 56 (Tex. 1998), the Court was asked to determine whether a wife's divorce proceeding against her husband was appertaining to or incident to the husband's guardianship estate. Id. at 59. The pleadings established that the wife requested a disproportionate share of the parties' estate, reimbursement to the community estate and to the wife's separate estate for funds used to benefit the husband's separate estate, and reimbursement to the wife's separate estate for funds used to benefit the community estate. Id. The wife also sought temporary orders awarding her exclusive control of all community property, enjoining the husband's guardian from entering, operating, or exercising control over the community property, ordering the guardianship estate to pay child support, and ordering the husband's separate estate to pay interim attorney's fees. Id. Thus, the Court concluded, the divorce proceeding, which involved child support to be paid from the guardianship estate, necessarily appertained to the husband's estate because it directly impacted the assimilation, distribution, and settlement of his estate. Id.