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9 - Commentary on Drevenik v. Nardone

Published online by Cambridge University Press:  28 August 2020

Deborah S. Gordon
Affiliation:
Drexel University, Philadelphia
Browne C. Lewis
Affiliation:
North Carolina Central University
Carla Spivack
Affiliation:
Oklahoma City University
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Summary

The question presented for our review is alleged to be complicated one, but it is instead rather easily stated and ruled upon. May Dominick (the Appellant), serving as trustee of a spendthrift trust that his mother Inez (the Settlor) created for the benefit of his brother John (the Trust Beneficiary) refuse to distribute trust funds to satisfy John’s current and past child support obligations, even if John wishes to make the payments? We would like to take a moment to rephrase this issue a bit less formally, stating instead: May a man, who has been put in charge of managing funds for another man, arbitrarily decide to deprive a mother and two children of the court-ordered funds they are entitled to receive for basic survival and necessities?17 Despite the Appellant’s unpersuasive arguments to the contrary and misplaced reliance on irrelevant case law, we think this question is not as complicated as it is alleged to be, and we thus answer this question unabashedly in the negative.

Type
Chapter
Information
Feminist Judgments
Rewritten Trusts and Estates Opinions
, pp. 179 - 189
Publisher: Cambridge University Press
Print publication year: 2020

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