Wilcox v. Gentry

Brewster, J.:

Ron and Nancy Wilcox appeal from the trial court’s decision holding that any payments made by the trustee of the Frank Gentry Trust, a discretionary trust, which are made for the benefit of Isabell Gentry and not paid directly to Isabell, are not subject to garnishment. We affirm in part and reverse in part.

At issue is whether the trustee of a discretionary trust that does not contain a spendthrift clause is required, under a garnishment order, to pay a judgment creditor all sums which may be paid for the benefit of the beneficiary.

The trust provision in dispute provides:

“(e) One…