MORRISON v. DOYLE

No. C4-97-558.

582 N.W.2d 237 (1998)

Michael A. MORRISON, et al., Respondents, v. William DOYLE, Sr., et al., petitioners, Appellants.

Supreme Court of Minnesota.

July 30, 1998.


Attorney(s) appearing for the Case

Law Offices of Jan Stuurmans, P.A., Jan Stuurmans, Minneapolis, for appellants.

Hatch, Eiden & Pihlstrom, Gary D. Pihlstrom, Minneapolis, for respondents.

Dorsey & Whitney LLP, William J. Berens, Melinda K. Greer, Nicholas A.J. Vliestra, Faegre & Benson LLP, Bonnie M. Fleming, Bruce Jones, Minneapolis, for amicus curiae Probate and Trust Law Section of Minnesota State Bar Ass'n.

Heard, considered, and decided by the court en banc.


OPINION

GARDEBRING, Justice.

We are asked to determine whether the trust at issue in this case is a "spendthrift trust." If so, the assets of the trust are protected from attachment by the primary beneficiary's judgment creditors; if not, the creditors, whose judgment against the primary beneficiary William Doyle (appellant) arises from a business deal, are entitled to attach the assets in the trust, as the trial court and court of appeals have held. We...

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