Spendthrift Trust

147 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Frieda Herrmann v. Rogers
  256 F.2d 871· 9th Cir.· 1958-04-02 ·cited 2×
  The court held that beneficiary interests in the trust, even if contingent, were subject to seizure under the Trading with the Enemy Act, and the trustee must be surcharged for disbursements made after notice of the vesting order.
• Philp v. Trainor
  100 So. 2d 181· Fla. 2d DCA· 1958-02-07 ·cited 2×
  Mary Beeman Philp appealed a lower court decree upholding her assignment of trust income to Mary Elgin Trainor. The court affirmed, holding that the Harry L. Beeman trust instrument did not create a spendthrift, support, or discretionary trust, and therefore the beneficiary had t
• The Colonial-American Nat'l Bank OF Roanoke v. United States
  243 F.2d 312· 4th Cir.· 1957-04-08 ·cited 2×
  The trust corpus is not includible in the decedent's gross estate because the decedent did not retain the right to the income or enjoyment of the trust, nor was the trust intended to discharge his legal obligation to support his wife.
• McCUTCHIN v. Commissioner of Internal Revenue
  159 F.2d 472· 5th Cir.· 1947-02-07 ·cited 2×
  Taxpayers are taxable on income from trusts where the settlor, through his alter ego corporation, retained broad control and discretionary powers over distributions to close relatives.
• Howard v. Jennings
  146 F.2d 332· 8th Cir.· 1944-12-20 ·cited 2×
  A Missouri statute voiding spendthrift trust provisions against claims for alimony and child support applies to foreign divorce decrees, but only to the extent of accrued, final judgments, not future installments subject to modification.
• Dallas Nat. Bank v. United States
  167 F.2d 468· 5th Cir.· 1948-04-16 ·cited 1×
• Kada 13, LLC v. Georgetown Holdings, Inc.
  Fla. 3d DCA· 2026-02-11
  KADA 13, LLC appeals from a final judgment upholding the authority of Taracevicz, as Trustee and Manager, to transfer the Miami Property to Georgetown Holdings to satisfy a promissory note. The court affirmed, holding that the Trust Agreement and Operating Agreement granted Tarac
• Page 1 of 32
  Del. Ch.· 2018-02-05
  The Court of Chancery recommended granting the defendant's motion for summary judgment, finding that the defendant did not breach his fiduciary duties as executor and trustee. The court further recommended terminating the Special Needs Trust due to its purpose becoming impossible
• Mennen v. C.A. No. 8432-ML Wilmington Tr. Co.
  Del. Ch.· 2015-02-13
  The Court of Chancery correctly granted summary judgment for the trustee, holding that the spendthrift provision of the trust barred the beneficiaries from satisfying a judgment against the individual trustee from the trust assets. Delaware law, as codified in 12 Del. C. § 3536,
• Hardy v. C.A. No. 7531-VCP Sherry L. Hardy & Michael T. Hardy
  Del. Ch.· 2014-07-29
  The court found the trustees jointly and severally liable for breaching their fiduciary duties of loyalty and care by engaging in self-interested transactions, failing to account for trust funds, and mismanaging the trust. The court awarded monetary damages, imposed a constructiv
• Zlatkiss v. ALL Am. Team Concepts, LLC
  125 So. 3d 953· Fla. 5th DCA· 2013-05-31
  The court held that Florida Statutes recognizing spendthrift trusts do not violate the constitutional right of access to courts, as they codify existing common law and do not prevent a right of action, only the means of collection.
• In re Brown v. Brown
  303 F.3d 1261· 11th Cir.· 2002-08-28
  A Chapter 7 debtor created an irrevocable charitable remainder unitrust for her own benefit, retaining a right to receive 7% annual income for life while the corpus passed to charities upon her death. The debtor claimed her income interest was exempt from her bankruptcy estate ba
• In re Conlan v. N. States Power Co.
  974 F.2d 88· 8th Cir.· 1992-09-08
  Interests in ERISA-qualified pension plans with anti-alienation provisions are excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2).
• In re Pruner
  140 B.R. 1· M.D. Fla.· 1992-03-18
  A self-employed individual's pension plan, where the individual is the sole participant, employer, trustee, administrator, and beneficiary, is not subject to ERISA.
• In re LeFEBER
  906 F.2d 330· 7th Cir.· 1990-07-09
  The court held that the pension plan, due to its spendthrift trust provisions under Indiana law, is not part of the bankruptcy estate and therefore not available to creditors.
• Contella v. Contella
  559 So. 2d 1217· Fla. 5th DCA· 1990-03-22
  Contella appeals the trial court's order dissolving an irrevocable spendthrift trust and appointing a receiver to sell its assets. The court reverses, holding that the doctrine of merger did not apply because Contella's legal and equitable interests in the trust were not coextens
• Levey v. First Va. Bank
  845 F.2d 80· 4th Cir.· 1988-04-25
  The dissenting judge would hold that the trust income is protected from creditors, reversing the lower court's decision.
• Landmark First Nat'l Bank OF Fort Lauderdale & Stephen F. Johnson v. Haves
  467 So. 2d 839· Fla. 4th DCA· 1985-05-01
  This case addresses whether a creditor (attorney seeking court-awarded fees) can garnish distributions from a spendthrift trust to satisfy a judgment. The court reversed the trial court's order directing the trustee to pay attorney's fees from trust income, holding that while gar
• In re Edgar v. Edgar
  728 F.2d 1371· 11th Cir.· 1984-03-30
  An income distribution from a spendthrift trust, even if received within six months of filing for bankruptcy, does not become part of the bankruptcy estate if the beneficiary's interest in the trust vested prior to the six-month period.
• West v. Coogler
  427 So. 2d 813· Fla. 5th DCA· 1983-03-09
  In this trust distribution dispute, the Florida District Court of Appeal held that a settlor's conveyance of 40 acres to one of four trust beneficiaries constituted an advancement on that beneficiary's share, requiring the advancement to be charged against his interest in the rem
• United Mine Workers of Am. v. W. A. (Tony) Boyle
  567 F.2d 112· D.C. Cir.· 1977-09-01
  The court held that the spendthrift provision of the UMWA pension fund does not violate the public policy stated in 29 U.S.C. § 501(a) because it is not a general exculpatory provision.
• Thompson v. Thompson
  325 So. 2d 480· Fla. 4th DCA· 1975-12-12
  In this divorce case, the appellate court reviewed a dissolution judgment awarding alimony to an elderly wife who had contributed services to her husband's business during their 20-year marriage. The court affirmed the lump sum alimony and medical expense provision but reduced th
• Bernstein v. Common Mkts., Inc.
  317 So. 2d 124· Fla. 3d DCA· 1975-07-22
  The court held that the beneficiary's life estate interest in a spendthrift trust was subject to execution, and the trial judge did not abuse discretion in confirming the sale despite alleged inadequacy of the bid price.
• Ernice Shirley Weinkle Preston v. City Nat'l Bank OF Miami
  258 So. 2d 823· Fla. 3d DCA· 1972-03-07
  A beneficiary of a spendthrift trust challenged the dismissal of her complaint seeking to set aside a 1961 assignment of her principal interests to her brother (who was then trustee) and demanding an accounting from the successor trustee bank. The court reversed the dismissals, h
• Fleeger v. Gen. Ins. Co. OF Am.
  453 F.2d 530· 10th Cir.· 1972-01-14
  The court held that the garnishment court's denial of a motion to dismiss was not a final determination and therefore did not bar a subsequent wrongful garnishment action through estoppel by judgment or res judicata.
• Katz v. United States
  382 F.2d 723· 9th Cir.· 1967-09-14
  The court held that the trust property, even if community property, did not become the decedent's separate property solely by virtue of the trust's creation, and the decedent's powers were held as manager of the community property.
• Wilson v. United States
  372 F.2d 232· 3d Cir.· 1967-02-07
  The court held that assets of a Pennsylvania spendthrift trust, over which the decedent held a general power of appointment, are not "property subject to claims" under Section 812(b) of the 1939 Code and thus cannot be used to offset estate debts and expenses exceeding the value
• Smith v. United States
  373 F.2d 419· 4th Cir.· 1966-12-08
  The court held that the doctrine of equitable recoupment, as applied in Stone v. White, was improper because the facts did not support the government's claim that the beneficiary would ultimately benefit from the refund, and denying the refund would harm innocent remaindermen.
• In re Nicks v. Nicks
  366 F.2d 754· 6th Cir.· 1966-10-06
  The court held that the bankrupt, as an equitable life beneficiary of a spendthrift trust, has no right to cut timber from the trust land, as this right was not granted by the trust instrument.
• Glennie Gorton Baker v. The Vt. Bank & Tr. Co.
  342 F.2d 12· 2d Cir.· 1965-02-23
  The court affirmed a summary final judgment of dismissal without prejudice in an action at law for a deficiency judgment on a promissory note secured by a mortgage, holding that the dismissal was proper.
• Nan W. Robertson v. United States
  310 F.2d 199· 5th Cir.· 1962-11-07
  The court held that the widow possessed a power of disposition over her share of the estate that qualified for the federal estate tax marital deduction.
• Lulu May Johnson v. Morawitz
  292 F.2d 341· 10th Cir.· 1961-07-05
  An assignment of interest in a spendthrift trust is void and unenforceable, even if presented as a family settlement, if it contravenes the clear intent of the testator.
• Kelley v. The Lincoln Nat'l Bank
  235 F.2d 23· D.C. Cir.· 1956-06-28
  The court held that the assignment of trust principal was invalid because the trust was a spendthrift trust, which prohibited such assignments.
• Lane v. Dist. of Columbia
  182 F.2d 105· D.C. Cir.· 1950-04-17
  The court held that the power of appointment was general within the meaning of the statute, making the transfer taxable.
• Disston v. Commissioner of Internal Revenue
  144 F.2d 115· 3d Cir.· 1944-07-12
  The court should affirm the Tax Court's decision, finding that the gifts of future interests are not eligible for the gift tax exclusion.
• Moorhead v. Commissioner of Internal Revenue
  127 F.2d 37· 4th Cir.· 1942-04-06
  A taxpayer must include in his gross income payments made from a spendthrift trust to his wife for her support, as these payments discharge his marital obligations.
• In re THE Tr. FBO Samuel C.A. No. 12904-MG
  Del. Ch.· 1936-08-04
  The Court held that a settlement agreement incorporated into a Nevada divorce decree, which purported to bind a donee's limited testamentary power of appointment (LPOA), did not bind the trust or represent a partial release of the LPOA. The Court found that Delaware law prohibits