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GOFORTH v. GEE

No. 97-SC-291-DG.

975 S.W.2d 448 (1998)

Elaine Gee GOFORTH, Appellant, v. Thelma A. GEE, a/k/a June Gee; the Third National Bank of Ashland, Kentucky (now National City Bank of Kentucky); and the Third National Bank of Ashland, Kentucky, Trustee (now National City Bank of Kentucky, Trustee), Appellees.

Supreme Court of Kentucky.

September 3, 1998.

Attorney(s) appearing for the Case

Robert W. Miller, Grayson, for Goforth.

David R. Reeves, Grayson, J.K. Wells, Paintsville, for Gee.

Robert P. Woods, Ashland, for National City Bank of Kentucky, and National City Bank of Kentucky, Trustee.

STUMBO, Justice.

This opinion addresses the issue of whether a support trust, which is deemed not to be a "spendthrift trust" as defined by KRS 381.180(2), may be reached by a beneficiary's judgment creditor. The trust in question is a testamentary trust, established by the last will and testament of Kyon P. Gee. Under the terms of her will, Kyon Gee devised one-fourth of her estate to the Third National Bank of Ashland, Kentucky (hereinafter Third National) as trustee...

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