Bernstein v. Common Markets, Inc.

By this appeal, we are called upon to review the correctness of an order confirming a sheriff’s sale of a life estate in a spendthrift trust.

The appellant attacks the order of confirmation upon two grounds: First, that it was error for the trial judge to hold that a beneficiary’s life estate interest in the income from a spendthrift trust was subject to execution and, second, that the price bid at the execution sale was grossly inadequate and, therefore, the trial judge erred in confirming the sale.

As to the first error urged [in ordering the beneficial interest to be sold], we find that the…