Legal Opinion

Fowler v. . Webster

Supreme Court of North Carolina

Decided April 25, 1917PublishedCited by 9 opinions

Appeal by plaintiffs from Cline, J., from August Term, 1916, of UNION.

1Opinion of the CourtClark, C. J.

This is a proceeding to garnishee the trustee in a “spendthrift trust” in order to subject the income maturing from the fund in its hands to the payment of a debt of the cestui que trust, who is a nonresident.

Revisal, 1588, provides: “Spendthrift Trusts authorized. — It shall be lawful for any person by deed or will to convey any property, which does not yield at the time of the conveyance a clear annual income exceeding $500, to any person in trust to receive and pay the profits annually or oftener for the support and maintenance of any child, grandchild, or other relation of the grantor,…

2Cases cited3 opinions

  1. Spindle v. ShreveSupreme Court of the United States · 1884
  2. Lummus v. . DavidsonSupreme Court of North Carolina · 1912
  3. Wilson v. . LeighSupreme Court of North Carolina · 1845

3Cited by9 opinions

  1. Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
  2. Fisher v. . FisherSupreme Court of North Carolina · 1940
  3. Chinnis v. . CobbSupreme Court of North Carolina · 1936
  4. Cole v. Oxford Savings BankSupreme Court of North Carolina · 1923
  5. Pilkington v. WestSupreme Court of North Carolina · 1957

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