Schreiber v. Kellogg

MEMORANDUM

BARTLE, District Judge.

Before the court is the motion of plaintiff, Palmer K. Sehreiber (“Sehreiber”), to allow him to execute on property of defendant, Christopher G. Kellogg (“Kellogg”), to satisfy a $512,863.76 judgment of this court. The judgment resulted from Kellogg’s breach of contract for counsel fees owed to Sehreiber, his former lawyer. Sehreiber seeks to execute on Kellogg’s sizeable income from a trust under the will of his great-grandfather, Rodman Wanamaker. The crucial issue is whether defendant’s trust income is subject to a spendthrift provision so as to prevent…