In 1875, Supreme Court Justice Samuel Miller delivered the opinion of the court in a case pertaining to the construction of a woman’s trust created for her children. The matter focused on a provision in the testamentary trust that stated that the trust would terminate with respect to a son’s interest if he were to go bankrupt or insolvent, and that the resulting funds were to be collected by the trustees. Despite arguments presented to the court about how this inclusion acted as an attempt to evade notions of bankruptcy law, Justice Miller upheld the provision of the trust.
This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on March 27, 2023. The original post can be accessed via the Archived Link button above.
Reichel, Hailey Dobin, "Spendthrift Trusts: The Tension Between Testamentary Freedom and Public Policy Concerns" (2023). ERSJ Blog. 51.