EVANS & LUPTAK v. OBOLENSKY

Docket No. 134277.

194 Mich. App. 708 (1992)

487 N.W.2d 521

EVANS & LUPTAK v. OBOLENSKY

Michigan Court of Appeals.

Decided July 6, 1992, at 10:35 A.M.


Attorney(s) appearing for the Case

Evans & Luptak (by D. Michael Kratchman and Jonathan M. Epstein), for the plaintiff.

Durant & Durant, P.C. (by Richard Durant), for Albert Breer.

William E. Carroll and John M. Chase, Jr., cotrustees of the Albert F. Wall, deceased, Residuary Testamentary Trust for the Benefit of Marilyn Wall Obolensky, in propria persona.

Before: SHEPHERD, P.J., and MURPHY and P.D. HOUK, JJ.


SHEPHERD, P.J.

This case presents the question whether the income from a spendthrift trust is subject to postjudgment execution proceedings where the judgment was based upon a claim for legal services that preserved or benefited the interest of the beneficiary of the trust. The trial court held that no postjudgment execution could be had. We hold otherwise and reverse.

On October 25, 1985, defendant Marilyn Wall Obolensky entered into a fee agreement for legal...

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