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Trusts - Spendthrift Trusts - Reduction In Income As Justification For Termination In Favor Of Beneficiary, Norman A. Zilber S.Ed.

Michigan Law Review

Testatrix died in 1913 leaving a will which established a $20,000 spendthrift trust. The income from this trust was to be paid to her son for life with the remainder, in default of issue and the exercise of a general testamentary power of appointment, to go to the other descendants of the testatrix then living. The stated purpose of the trust was to assure her son of "a support throughout his . . . whole life, under any circumstances.'' The son, 65 years old and without issue, sought to terminate the trust on the ground that he was about to …