Hardy v. Hardy

California Court of Appeal Oct 7, 1958 No. Civ. 9321Published

Before: Peek

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Holding. The court held that a state court lacks jurisdiction to directly impose a lien on property located in another state, but it affirmed the trial court's authority to order a trustee to pay alimony, child support, and attorney fees from a spendthrift trust.

Issues

Whether a state court has jurisdiction to impose a lien on property located in another state.
Whether a spendthrift trust may be reached to satisfy an award of attorney fees and court costs.
Whether the trial court correctly determined that certain assignments of trust property were invalid due to lack of delivery.

Disposition. Affirmed in part and reversed in part.

Quotations verified verbatim against the opinion

“the purported imposition of the lien can in no way be considered other than as an attempt by a court of this state to affect title to land in Illinois. It necessarily follows that the trial court herein acted in excess of its jurisdiction”

“counsel fees are an essential part of the wife’s maintenance and support. To deny her counsel fees would, in many cases, be to render her defenseless and prevent her from asserting her right to support.”

PEEK, Acting P. J.

Defendant husband, John C. Hardy, and his father, defendant Eugene D. Hardy, appeal from that portion of a decree of divorce imposing a lien upon an Illinois spendthrift trust to secure payment to plaintiff of certain sums as alimony, child support, court costs and attorney fees. By reason of his status as trustee, Eugene was made a party defendant by amendment to plaintiff’s complaint. The plaintiff wife, Marilyn H. Hardy, cross-appeals from that portion of the judgment wherein the court held that the assignment by John to her of certain notes, and his interest in a lease of real property held in trust, were invalid.

The trust was established by the will of John’s deceased

[79]

mother which named John as beneficiary, Eugene as trustee and certain others as contingent beneficiaries. The trust provides that the trustee shall pay to John such sums as are reasonably necessary for his care, support and maintenance, and if the income prove insufficient, the trustee may make such payments from the corpus of the trust. It further provides for periodic disbursements of the corpus to John upon the attainment of certain designated ages. It also contains the customary clauses relative to payment and transfer of money or property by the trustee only to a beneficiary in person and prohibits any assignment or transfer by a beneficiary of his interest in the trust.

None of the issues raised by the appeals of either of the parties concern the marital status as affected by the decree; nor is any question raised concerning the reasonableness of the award for support and maintenance, attorney fees and costs.

We are entirely in accord with defendants’ first contention that a court of one state cannot directly affect title to land in another. However it is equally true that a court having the parties before it can, in a proper ease, through its coercive powers, compel them to act in relation to property not within the territorial jurisdiction of the court.

(Fall

Eastin,

215 U.S. 1 [30 S.Ct. 3, 54 L.Ed. 65, 23 L.R.A. N.S. 924];

Taylor

Hardy v. Hardy

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