Shelley v. Shelley

223 Or. 328, 354 P. 2d 282 (1960)

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Nature of the Case

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Facts

Settlor placed funds in trust for his wife and son Grant. It also directed that funds may be used for extraordinary and necessary expenses associated with the Grant's children. Under the terms of the trust, the beneficiaries were prohibited from alienating or assigning their interest in the trust. The instrument further provided that the beneficiaries'' interest in the trust could not be subject to attachment by creditors. Pursuant to a divorce decree, Grant was to pay alimony and child support, to P. After the divorce, Grant disappeared. P sued the trustee bank (D) to reach the trust assets. The lower court found for P. D appeals.