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Wilcox v. Gentry

Kansas Supreme Court
867 P.2d 281 (1994)


Facts

Frank Gentry created a revocable trust, which provided that upon his death a portion of his estate would remain in trust for the benefit of Isabell Gentry. The trust gave the trustee the sole discretion to make distributions to and on behalf of Isabell. There was no spendthrift provision in the trust. Frank died, and the trust for Isabell was established. Ron and Nancy Wilcox (plaintiffs) obtained a money judgment against Isabell (defendant), and sought to garnish the trust to satisfy the judgment. The district court classified the trust as a discretionary trust, and held that trust payments made directly to Isabell could be garnished, but that payments made from the trust to third parties on Isabell’s behalf could not be garnished, and the court of appeals affirmed. The Wilcoxes appealed.

Rule of Law

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Issue

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Holding and Reasoning (McFarland, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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