Hearst

Hearst v. Hearst

Good Law
123 F. Supp. 756·1954 U.S. Dist. LEXIS 3078
United States District Court, Northern District of CaliforniaAugust 4, 1954No. 33182California994 words

Opinion

lead Opinion

Hamlin, J.

This is an action by Sally Hearst against her former husband, George Hearst, to recover $12,000 alleged to be due under a property settlement. As yet, no service has been made on the defendant. A writ of attachment attaching “all moneys, interest, goods, credits, effects, debts due or owing, and any other personal property of, or belonging to, the within-named defendant George Hearst in and to the Estate of William Randolph Hearst,” was issued (not to secure jurisdiction over the defendant, but to protect any judgment that might later be obtained). Petitioner, executor of the estate of William Randolph Hearst, moves to quash the writ of attachment. Plaintiff, Sally Hearst, moves to strike the motion to quash.

The will of William Randolph Hearst sets up a trust in which the trustees are, under Subdivision Second (b),

The will also provides under Subdivision Second (b):

The effect of this language is to set up a spendthrift trust for the defendant (the other sons are not involved in this litigation, and of course nothing said here is applicable to them.) *758 In Alvis v. Bank of America National Trust & Savings Ass’n, 1950, 95 Cal.App. 2d 118 , 212 P.2d 608, 610 , the language of…

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