DiMaria v. Bank of California National Ass'n

In this creditor’s suit and action for declaratory relief, plaintiff sought a judgment for $10,498 against the Bank of California (hereinafter referred to as bank), the trustee of an irrevocable trust created by plaintiff’s debtor, Mary Alice Walton. The principal question on appeal is whether the trial court properly concluded that the corpus of the trust was not subject to plaintiff’s claim.

The matter was submitted to the trial court on the following stipulation of facts: On June 1, 1959, Mrs. Walton, a widow with two grown children, executed an irrevocable trust agreement transferring most…