Sherman v. Havens

The opinion of the court was delivered by

Porter, J.:

The plaintiff is a judgment creditor of the defendant, Arthur B. Havens. The executors of the will of Paul E. Havens, brother of the defendant, are garnishees in a proceeding to reach, and apply in payment of plaintiff’s judgment, the income of a trust estate bequeathed by the will to the defendant.

*656Two questions are involved: First, does the will properly construed disclose an intention on the part of the testator to create a “spendthrift trust” in favor of his brother; in other words, to secure to his brother the life enjoyment of the…