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AMERICAN SECURITY AND TRUST COMPANY v. UTLEY

No. 20589.

382 F.2d 451 (1967)

AMERICAN SECURITY AND TRUST COMPANY, Appellant, v. Freda UTLEY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1967.

Petition for Rehearing or in Alternative Petition for Modification of Opinion and Judgment Denied September 25, 1967.

Attorney(s) appearing for the Case

Mr. Benton C. Tolley, Jr., Washington, D. C., with whom Mr. John E. Larson, Washington, D. C., was on the brief, for appellant.

Mr. Robert M. Scott, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, and FAHY and BURGER, Circuit Judges.

BURGER, Circuit Judge:

This appeal presents to us the question whether the income provided for the beneficiary of a spendthrift trust is subject to the claim of a creditor, and if so, to what extent. The District Court determined that because the beneficiary was the trust settlor's spouse, who elected to take under the will creating the trust, rather than under the provisions of the statute, D.C.Code § 19-113 (1961), the income was subject to claims of creditors...

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