Legal Opinion
In Re Townley Bypass Unified Credit Trust
Texas Court of Appeals, 6th District (Texarkana)
Decided April 9, 2008No. 06-07-00025-CVPublishedCited by 7 opinions
1Opinion of the Court
OPINION
Opinion by
Justice CARTER.
Does a spendthrift provision in a trust preclude the remainder beneficiary from devising by a will his interest in the assets of the trust estate?
1.Facts and Background
W.D. Townley’s will contained a trust leaving a life estate to Josie Townley, his wife. Upon her death, the trust was to terminate and the remainder of the assets was to be split between the two children, Billy Ray Townley and Jimmy LaRue Wilson. The will contained a spendthrift provision which prohibited any beneficiary from assigning or transferring any income or principal before receiving it.…
2Cases cited14 opinions
- MCI Telecommunications Corp. v. Texas Utilities Electric Co.Texas Supreme Court · 1999
- Rothermel v. DuncanTexas Supreme Court · 1963
- Chadwick v. BristowTexas Supreme Court · 1948
- Rust v. RustCourt of Appeals of Texas · 1948
- Rust v. RustTexas Supreme Court · 1948
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jinkins v. JinkinsCourt of Appeals of Texas · 2017
- In re Estate of LeeCourt of Appeals of Texas · 2018
- Dana Dutschmann and Kevin Bierwirth v. Federal National Mortgage Association, Texas Court of Appeals, 3rd District (Austin)2015
- John Randolph Jinkins M.D. v. Jeffrey Fuller Jinkins, Mary Celeste Jinkins, and Wiley Junior Jinkins, III Individually and as TrusteeTexas Supreme Court · 2017
- Paul H. Smith v. Thomas O'donnell, of the Estate of Corwin DenneyTexas Supreme Court · 2009
2 more not listed; retrieve them via the Exa API.