Fink v. Fink

The plaintiff wife seeks to reach the income of a so-called “ spendthrift trust ” of which the defendant husband is beneficiary, so as to apply part of the proceeds to the satisfaction of alimony awarded to her pendente lite, as well as for certain arrears of such alimony now existing. In Wetmore v. Wetmore (149 N. Y. 520, 529) the power of equity to direct payment of alimony out of a similar trust was upheld and the ruling is not to be limited, as defendant urges, by the fact that the wife in the case at bar has as yet only an interim order and not a final judgment. The rule depends, not on…