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LUNDGREN v. HOGLUND

No. 85-159.

711 P.2d 809 (1985)

Dan H. LUNDGREN, Plaintiff and Respondent, v. William S. HOGLUND, Defendant. Everett M. LUNDGREN, Plaintiff and Respondent, v. William S. HOGLUND, DEFENDANT. Jesse WHITNEY, Plaintiff and Respondent, v. William S. HOGLUND, Defendant. and First Interstate Bak ofF Kalispell N.A., Trustee and Appellant.

Supreme Court of Montana.

Decided December 31, 1985.

Attorney(s) appearing for the Case

Steven E. Cummings, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for trustee and appellant.

Randall S. Ogle, Kalispell, for plaintiffs-respondents.

SHEEHY, Justice.

In this case we decide that spendthrift provisions in a trust are valid in Montana, and that judgment creditors of a beneficiary under a spendthrift trust may not execute upon the proceeds due from the spendthrift trust to the beneficiary before distribution by the trustee.

First Interstate Bank appeals from a judgment of the District Court, Eleventh Judicial District, Flathead County, which ordered the bank as trustee to pay to judgment creditors...

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