Heustis
San Diego Trust & Savings Bank v. Heustis
Opinion
Lead Opinion
Lambert, J.
District. material facts leading up to this appeal are briefly: Robert J. Heustis and Anna Heustis, defendant and appellant herein, were married in the year 1919. This marriage has never been dissolved. In the month of August, 1928, the appellant, Anna Heustis, brought an action against Robert J. Heustis in the Superior Court of San Diego County, and obtained a judgment against him for her support and maintenance in the sum of $100 per month. Nothing was ever paid on this judgment except $50. The said Robert J. Heustis, soon after the suit was filed, left the state of California and went to the state of Texas and located at El Paso. He took whatever property he had with him. After approximately $2,400 had accumulated on this judgment, and on the twenty-sixth day of May, 1930, Caroline Heustis, the mother of Robert J. Heustis, made her last will and testament. In this will she created what is commonly known as a “spendthrift trust” in favor of her only son and heir, the said Robert J. Heustis. The San Diego Trust and Savings Bank, respondent herein, was made the executor and trustee under this will. Caroline Heustis died on November 28, 1930; her estate amounted to approximately…