Brahmey v. Rollins

As stated in the defendant’s brief, the issue presented is whether the provisions of the trust instrument against alienation and seizure by creditors are valid when the trustee’s duty to pay to the beneficiary is absolute. It is conceded that in the cases of spendthrift trusts hitherto decided here the trustee’s obligation to pay is only discretionary. But it is contended that their thought and reasoning in sustaining a spendthrift character of the trusts therein considered show no difference in principle when the trustee’s duty to pay is fixed and when it is dependent.

Whether the creditor…