Legal Opinion

Johnson v. Commercial Bank

Oregon Supreme Court

Decided December 27, 1978No. 97048, SC 25518PublishedCited by 16 opinions

1Opinion of the CourtBryson, J.

Plaintiff brought this creditors’ suit, as an individual and as personal representative of the estate of Elmer H. White and Ruth M. White, deceased, to recover wages due her for nursing services rendered to the deceased parties.

Deceased Elmer, as trustor, entered into a trust agreement with defendant bank as trustee and both Elmer and Ruth transferred all their assets into the trust and therefore both their estates were insolvent. The other defendants are the beneficiaries of the trust which contained a spendthrift clause. Plaintiff’s complaint sought to reach the trust assets in this suit…

2Cases cited3 opinions

  1. Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
  2. Ackers v. First National Bank of TopekaSupreme Court of Kansas · 1963
  3. Herd v. ChambersSupreme Court of Kansas · 1944

3Cited by16 opinions

  1. Epp v. CommissionerUnited States Tax Court · 1982
  2. Burton v. Ulrich (In Re Schmitt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  3. Watson v. Kincaid (In Re Kincaid)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  4. Rush University Medical Center v. SessionsIllinois Supreme Court · 2012
  5. In Re WestUnited States Bankruptcy Court, D. Oregon · 1986

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