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Wills, Trusts & Estates Keyed to Gallanis
Sligh v. First National Bank, Trustee
Citation:
704 So.2d 1020 (Miss. 1997)Facts
On January 30, 1993, William B. Sligh was involved in an automobile accident with Gene A. Lorance, an uninsured motorist. As a result, Will Sligh suffered a broken spine and resulting paralysis, loss of all sexual functions and loss of the ability to control bowel and urinary functions. Lorance was convicted of the felony of driving under the influence and causing bodily injury to another. On April 2, 1993, Will and his wife, Lucy M. Sligh, filed an action against Lorance alleging gross negligence resulting in personal injury, property damage and loss of consortium, for which they sought compensatory and punitive damages. Lorance failed to respond, and the circuit court entered default judgment against Lorance for $5,000,000 in compensatory and punitive damages. Lorance has no assets other than his interest as beneficiary of two spendthrift trusts established by his mother in 1984 and 1988, respectively, before she died in 1993. Both trusts, whose trustee is First National Bank of Holmes County. Lorance is the lifetime beneficiary of the two trusts, which each have two remaindermen, Virginia Tate and William C. Bardin. On June 29, 1994, a Writ of Garnishment was issued and served upon First National Bank, who, asserted that such sum was held in trust for Lorance and was not subject to seizure.
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