LEVEY v. FIRST VIRGINIA BANK

No. 87-1546.

845 F.2d 80 (1988)

Harry LEVEY and Leona Levey, Plaintiffs-Appellees v. FIRST VIRGINIA BANK, Defendant-Appellant, and Arthur Rupley, IV, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 25, 1988.


Attorney(s) appearing for the Case

Robert Louis Deichmeister (Fagelson, Schonberger, Payne & Arthur on brief), for defendant-appellant.

Charles M. Rust-Tierney (Philip J. Hirschkop, Bernard J. DiMuro, Hirschkop & Associates on brief), for plaintiffs-appellees.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


ERVIN, Circuit Judge:

The Levey's, judgment creditors of Arthur Rupley, IV, sought to satisfy their judgment by attacking a spendthrift trust set up for Rupley by his grandmother. The district court ruled that the corpus of the trust is protected against Rupley's creditors; however, the income from the trust is not so protected. The Trustee appeals the decision as it pertains to the income. Finding no error below, we affirm.

I.

Arthur Rupley, IV...

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