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Legal Opinion

Watterson v. Edgerly

Court of Special Appeals of Maryland

Decided July 18, 1978No. 1373, September Term, 1977PublishedCited by 19 opinions

1Opinion of the CourtGilbert, C. J.

A spendthrift trust is an American legal creation, 1 designed specifically to afford a beneficiary those things he cannot afford, while simultaneously protecting him from the claws of cozened creditors. It runs the gamut from the benefactor’s fortune to the beneficiary’s good fortune and the creditor’s misfortune.

Spendthrift trusts were first allowed in Maryland in Smith v. Towers, 69 Md. 77, 14 A. 497, 15 A. 92 (1888). There, the Court held “that the founder of a trust may provide in direct terms that his property shall go to his beneficiary to the exclusion of his [the beneficiary’s]…

2Cases cited29 opinions

  1. Nichols v. EatonSupreme Court of the United States · 1875
  2. Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
  3. C. I. T. Corporation v. FlintSupreme Court of Pennsylvania · 1939
  4. Smith v. TowersCourt of Appeals of Maryland · 1888
  5. Marburg v. ColeCourt of Appeals of Maryland · 1878

24 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Donvito v. CriswellOhio Court of Appeals · 1982
  2. In Re MuellerUnited States Bankruptcy Court, D. Maryland · 2000
  3. Birney v. Smith (In Re Birney)Court of Appeals for the Fourth Circuit · 1999
  4. Brent v. State of Maryland Central Collection UnitCourt of Appeals of Maryland · 1988
  5. Estate of German v. United StatesUnited States Court of Claims · 1985

14 more not listed; retrieve them via the Exa API.

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