University National Bank v. Rhoadarmer

Opinion by

Judge NEY.

Garnishee, J. Kenneth Harsh Trust, appeals a judgment entered by the trial court in favor of plaintiff, University National Bank. We reverse.

The Bank, as judgment creditor of Virginia Harsh, sought to reach, by a writ of garnishment, her beneficial interest in the Trust. Relying on In re Estate of Colman, 35 Colo.App. 390, 535 P.2d 227 (1975), aff'd, 191 Colo. 242, 552 P.2d 1 (1976), the trial court concluded that the Bank was entitled to an award based on Virginia Harsh’s non-cumulative right to withdraw annually from the Trust corpus, upon written request, up to $5,000…