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KULP v. TIMMONS

C.A. No. 1946-S.

944 A.2d 1023 (2008)

Norman KULP, Petitioner v. Franklin TIMMONS, both individually and as sole surviving Trustee pursuant to a purported Joint Irrevocable Living Trust Agreement dated January 11, 1985 d/b/a/ Timmons Boatyard, and Beverly Timmons, as purported successor Trustee to Franklin Timmons, Respondents.

Court of Chancery of Delaware, Sussex County.

Decided: July 30, 2002.

Attorney(s) appearing for the Case

David A. Boswell, Esquire of Schmittinger & Rodriguez, P.A., Rehoboth Beach, DE, for Petitioner.

Craig A. Karsnitz, Esquire of Young Conaway Stargatt & Taylor, LLP, Georgetown, DE, and Eric C. Howard, Esquire of Wilson Halbrook & Bayard, Georgetown, DE, for Respondents.

OPINION

JACOBS, Vice Chancellor.

Pending are cross motions for summary judgment in this action brought by the petitioner, Norman Kulp ("Kulp"), in aid of execution upon a judgment entered in Kulp's favor in a workers' compensation action. The respondent, Franklin Timmons, Sr. ("Timmons"), defends on the ground that he has no assets that can respond to the judgment because he previously conveyed all of his property to a spendthrift trust of which he...

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