Howard v. Spragins

Appellants, Amy Camelia Howard, et al., appeal from a judgment authorizing and ordering appellee, First Alabama Bank of Huntsville, N.A. (Bank), as trustee, to pay a judgment for child support out of the corpus of two trusts.

The issue presented is whether the trustee, Bank, may legally pay child support payments from the corpus of the two trusts, notwithstanding the spendthrift provision1 in each trust. We hold that the trustee may do so with respect to the 1970 testamentary trust. We, therefore, affirm in part and reverse in part.

On March 30, 1976, appellee, Anna Ruth W. Spragins, filed a…