Section 6 Bolton Roofing
| Library | Trust and Estate Legislation 2012 |
In Bolton Roofing Co. v. Hedrick, 701 S.W.2d 183 (Mo. App. S.D. 1985), real estate held as tenancy by the entirety between Mr. and Mrs. Hedrick was transferred to Mr. Hedrick
as sole trustee of a trust that was for the benefit of Mr. and Mrs. Hedrick and their sons. Mr. and Mrs. Hedrick were joint settlors of the trust. Bolton Roofing is silent as to whether this trust was revocable or irrevocable. The trust contained a spendthrift clause. Bolton Roofing obtained a judgment against Mr. Hedrick (but not Mrs. Hedrick) based on a debt that arose long after the real estate was transferred to the trust and attempted to execute on that real estate. The trial court ruled that the...
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