Wilcox v. Gentry

867 P.2d 281 (1994)

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Nature of the Case

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Facts

Frank Gentry created a Revocable Trust. Frank was the beneficiary of the Trust during his life. Upon Frank's death, certain trust property was to be distributed to named individuals. One share of the residue was to remain in trust until the death of Isabell Gentry. The trustee, in his sole discretion, was to make such distributions of income and principal to her or on her behalf as the trustee deems advisable after giving due consideration to all sources of funds available to her. Frank died. Ron and Nancy Wilcox (Ps) obtained a judgment against Isabell Gentry (D) for fraud in the sale of a residential property. Ps garnished the Trust to seek satisfaction. The district court held that any trustee payments directly to Isabell were subject to garnishment, but that trustee payments for Isabell's benefit were not. The Court of Appeals affirmed. Ps appealed.