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HINES v. SANDS

No. 15892.

312 S.W.2d 275 (1958)

Hearn F. HINES, Appellant, v. Raymond R. SANDS et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 18, 1958.

Attorney(s) appearing for the Case

Edwin Luecke, Wichita Falls, for appellant.

Arch Dawson, Wichita Falls, for appellee, Raymond R. Sands.

Nelson, Montgomery, Robertson & Sellers and Ernest Robertson, Wichita Falls, for appellee White's Employees Profit Sharing Trust.

RENFRO, Justice.

Hines recovered judgment against Sands for $3,574.39. After judgment Hines filed garnishment against White's Employees Profit Sharing Trust. Sands was impleaded in the garnishment suit. It was stipulated at the trial that Sands was entitled to a nonforfeitable share of benefits of White's Employees Profit Sharing Trust.

The question on appeal is whether a spendthrift clause in the trust instrument hereinafter discussed prevented garnishment...

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