Alvis v. Bank of America National Trust & Savings Ass'n

95 Cal. App. 2d 118 ·

California Court of Appeal · Filed December 15, 1949

Published · citable Cited by 1

Holding

The court held that a judgment creditor of a missing trust beneficiary could reach accumulated income from a spendthrift trust, as such income constituted a surplus beyond what was necessary for the beneficiary's education and support, and was therefore subject to creditors' claims under California Civil Code section 859.

Statutes construed

CCP § 1875
CCP § 688
CIV § 206
CIV § 859

Cited by (1)

Estate of ALLINE VRACHLIOTTI LAWRENCE, Deceased; UNITED CALIFORNIA BANK, Petitioner and Appellant, v. MARJORIE KERR LAWRENCE, Objector and Respondent (1968) 267 Cal. App. 2d 77