Hurley v. Hurley
Michigan Court of Appeals
309 N.W.2d 225 (1981)
- Written by Sean Carroll, JD
Facts
In 1960, James Hurley (defendant) and Phyllis Hurley (plaintiff) divorced. In 1966, James’s mother, Maybelle Hurley, executed a will establishing a spendthrift trust in favor of James. In 1977, Phyllis sued James in a Missouri court for failure to pay child support. In 1978, Maybelle died. In 1979, Phyllis won a money judgment against James for past-due child support. Maybelle’s will was admitted to probate in Ingham County Circuit Court in Michigan. Phyllis sued James in Ingham County Circuit Court, seeking enforcement of the Missouri judgment through use of James’s trust. The circuit court ruled in Phyllis’s favor and ordered the trustee (defendant) to pay past-due and future child support out of James’s spendthrift trust. The trustee appealed, arguing that the income from the spendthrift trust could not be touched via this judicial process.
Rule of Law
Issue
Holding and Reasoning (Allen, J.)
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