Barash v. Morris (In Re Morris)

OPINION

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

The history of this case starts with the Last Will and Testament of Frances Park McGown, the Debtor’s mother. The Will dated February 26, 1971, gave certain farm land to the Debtor for life, and after her death, to the Debtor’s three children, with the proviso that if any of the grandchildren were not alive at the time of the Debtor’s death, then the deceased grandchild’s share would go to his or her children. Paragraph “THIRD” of the Will as originally drafted provided for a spendthrift provision as to income from “said trust estate” and the…