(DOWNLOAD) "Wargin v. Wargin" by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Wargin v. Wargin
- Author : Supreme Court Of California
- Release Date : January 28, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This is an appeal by Pearl S. Canfield, a judgment creditor of Charles O. Canfield, the principal beneficiary of a testamentary, discretionary, spendthrift trust, from an order settling the 24th account current of the respondent trustee and overruling appellants objection thereto. Appellant objects to the change made by respondent in the 24th year in its allocation of trust net income between the two beneficiaries, the said Charles Canfield, and Laura Pierce, his daughter. Previously it had been the practice of the respondent to allocate to the two beneficiaries sums for their support and then to allocate to Charles Canfield the balance of the trust net income. Under section 859 of the Civil Code, appellants lien attached to this balance upon its allocation to Charles Canfield. (Canfield v. Security-First Nat. Bank, 13 Cal. 2d 1, 31 [87 P.2d 830].) In the 24th year, however, respondent allocated to Canfield merely the sum which had theretofore been judicially determined to be necessary for his support, and allocated to Pierce the entire balance of the trust net income. This change in allocation prevented appellants lien from attaching; consequently appellant objects thereto upon the ground that respondent abused its discretion.
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