Wills, Trusts & Estates keyed to Dobris
Bacardi v. White
Petitioner Adriana Bacardi and Respondent Luis Bacardi were married for two years and had no children. The final judgment dissolving their marriage incorporated an agreement that Respondent pay Petitioner alimony of $2000 per month until either party’s death or until Petitioner remarried. Respondent stopped paying alimony and Petitioner obtained two judgments for unpaid alimony and a third judgment for attorney’s fees. In execution of the judgments Petitioner served a writ of garnishment on Robert White as trustee of a spendthrift trust created by Respondent’s father for the benefit of his son. In addition Petitioner sought a continuing writ of garnishment for future alimony payments. The district court held that Petitioner could not reach the trust income for alimony before it reached the Respondent-beneficiary unless she could show that it was the settlor’s intent that she be a beneficiary.
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