Long v. Long
Texas Court of Appeals
542 S.W.2d 712 (1976)
- Written by Whitney Kamerzel , JD
Facts
Charles Long (defendant) was the beneficiary of an irrevocable trust created by his parents. The trust consisted of oil- and gas-producing property and was designed to distribute one-half of the trust’s corpus to Charles when he turned 25 and the remaining one-half to him when he turned 30. Charles married Kathy Long (plaintiff), and he turned 25 after the spouses had separated but before a suit for divorce had been filed. Although Charles was eligible to receive one-half of the trust’s corpus, or $85,000, he opted to leave it in the trust and to have his siblings manage it. The trust’s corpus earned $4,973.21 in income from interest, dividends, and equipment rental and cattle sales from the time Charles turned 25 to the end of the Longs’ marriage. After Charles and Kathy petitioned for divorce, the trial court awarded Kathy alimony but no portion of Charles’s trust corpus or trust income. Kathy appealed, conceding the corpus of Charles’s trust was separate property but arguing the earned income was community property.
Rule of Law
Issue
Holding and Reasoning (Ray, J.)
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