TRUSTS-RIGHT OF DIVORCED WIFE OF BENEFICIARY OF SPENDTHRIFT TRUST TO REACH THE BENEFICIARY'S INTEREST IN THE TRUST FOR ALIMONY AND SUPPORT FOR CHILDREN

Authors

W. Wallace Kent, University of Michigan Law SchoolFollow

Abstract

P, divorced wife of D, brought this action for alimony and for support money for her children. The object of the action was to reach the income from a spendthrift trust created for the benefit of D and his present wife and children in the will of D's mother. The will specifically provided that none of the proceeds of the trust were to go to P or her child. Held, the settlor had the right to devise her property in any manner she chose. There is nothing in the statutes or decisions of Wisconsin which forbid such terms in a trust. Nor is there any public policy which would prevent such. Bill dismissed. There was a strong dissent on the grounds that Wisconsin had not declared its policy on this question and that until such was done this court could decide as it thought just. Schwager v. Schwager, (C. C. A. 7th, 1940) 109 F. (2d) 754.

Recommended Citation

W. W. Kent, TRUSTS-RIGHT OF DIVORCED WIFE OF BENEFICIARY OF SPENDTHRIFT TRUST TO REACH THE BENEFICIARY'S INTEREST IN THE TRUST FOR ALIMONY AND SUPPORT FOR CHILDREN, 38 Mich. L. Rev. 1123 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss7/27