Legal Opinion

Nelson v. California Trust Co.

California Supreme Court

Decided February 25, 1949No. L. A. 20480PublishedCited by 26 opinions

1Opinion of the CourtGibson, C. J.

Nelson, in order to satisfy a judgment, is seeking to reach the assets of a spendthrift trust created by his judgment debtor Fred H. Bixby, Jr. The trial court found that all of the property in the trust was subject to the payment and satisfaction of the judgment held by Nelson. Defendant trustee appealed, contending that Bixby had no interest in the trust except to receive the net income and that his judgment creditor was in no better position than he was. Bixby, who was also named as a defendant, did not appeal.

The trust in question is the one involved in Bixby v. California Trust Co.,…

2Cases cited2 opinions

  1. McColgan v. Magee, Inc.California Supreme Court · 1916
  2. Bixby v. California Trust Co.California Supreme Court · 1949

3Cited by26 opinions

  1. Estate of Christ v. Comm'rUnited States Tax Court · 1970
  2. In Re WitwerUnited States Bankruptcy Court, C.D. California · 1992
  3. Estate of Paxton v. CommissionerUnited States Tax Court · 1986
  4. Mitchell v. West (In Re West)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  5. In Re PhillipsUnited States Bankruptcy Court, N.D. California · 1997

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