Morton v. Morton

Opinion by

Mr. Justice Cohen,

By this appeal we are asked to reverse the determination of the lower court that the wife and other creditors of a settlor-beneficiary of a trust may attach the principal and income of the trust he established.

The defendant, Lewis Peter Morton, in May 1951, executed an indenture which established a trust that contained the following pertinent provisions:

“First : To pay the net income therefrom, quarterly as received, to the Settlor during his life.

“Fifth: All principal and income payable to any beneficiary hereunder shall be free and clear of his or her debts,…