Ramsey

Two sisters agreed in writing that they would share equally any inheritance received from their mother, notwithstanding any unequal disposition her will might provide. The mother died and in her will left the bulk of the estate to one daughter in a spendthrift trust, with the remainder to a granddaughter. This appeal presents the question whether the sisters’ agreement to share and share alike can be enforced in light of provisions in the trust that trust principal and income shall not be subject to the claims of creditors and may not be voluntarily or involuntarily alienated, and in view of the fact that the granddaughter holds a remainder interest in the trust.

The trial court found that the agreement was enforceable and ordered that the daughter who was the trust beneficiary pay to her sister one-half of all monies she received, whether directly or indirectly, from the trust. We affirm the judgment.

Background

Margaret Belgrano Kiebler (Kiebler) had three daughters, one of whom predeceased her. This dispute involves the other two daughters, Margaret De Mille (Margaret) and Carla Ramsey (Carla), and Carla’s daughter Michele Ramsey (Michele).

During the times which…