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IN RE EDGAR ESTATE

Docket No. 75155, (Calendar No. 8).

425 Mich. 364 (1986)

389 N.W.2d 696

In re EDGAR ESTATE ROY v. COMERICA BANK — DETROIT

Supreme Court of Michigan.

Decided July 11, 1986.

Attorney(s) appearing for the Case

Frank X. Fortescue for the petitioner.

Donovan, Hammond, Ziegelman, Roach & Sotiroff, P.C. (by Frank W. Donovan, Thomas E. Reiss, and Thomas G. Good); (Butzel, Long, Gust, Klein & Van Zile, P.C., by Donald B. Miller, of counsel), for the respondent.

Amici Curiae:

Warner, Norcross & Judd (by James H. Breay and John V. Byl) for Michigan Bankers Association.

Harold A. Draper for Probate and Trust Law Section, State Bar of Michigan.

Mark C. Meyer, Robert O. Baer, Gary L. Kohut, Gayle A. Spillard, and Michael A. Stevenson for UAW-GM Legal Services Plan, UAW-Ford Legal Services Plan, and UAW Legal Services Plan.

WILLIAMS, C.J.

The issue in this case is whether a spendthrift trust which purports to give the same beneficiary an interest in both the income and the principal is valid in Michigan.

More particularly, the issue appears to be whether the language in Rose v Southern Michigan Nat'l Bank, 255 Mich. 275, 281; 238 NW 284 (1931), "The gift to the donee must be only of the income" (followed in In re Ford...

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