In re Antonia Gualtieri Living Trust

2019 WL 1265167 (2019)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

In re Antonia Gualtieri Living Trust

Michigan Court of Appeals
2019 WL 1265167 (2019)

SC

Facts

Charles Anton owed child support and alimony to Linda Anton (plaintiff). Charles was a beneficiary of the Antonia Gualtieri Living Trust. The trust stated that the trustee, “in its sole and absolute discretion, shall” pay Charles as much of the income and principal of the trust as the trustee deemed advisable for Charles’s education, health, maintenance, and support. In addition, the trust contained a provision entitled “Guidelines for Discretionary Distributions.” The provision stated that in making any discretionary distributions, the trustees should be conservative and consider any other resources available to Charles, while maintaining the principal as their priority. Linda filed a petition seeking to direct the trustees (defendants) to pay Charles money out of the trust so Charles could make child-support and alimony payments. Linda argued that the trust was a spendthrift or support trust, enabling the trustees to make payments. The trustees argued that the trust was a discretionary trust. The probate court ruled that the trust was a discretionary trust and that the trustees were not compelled to make payments to Charles for child support and alimony. Linda appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership