Haymond v. Haymond (Signed Opinion)
Annotate this CaseIn the Supreme Court of Appeals of West Virginia, the court was asked to decide whether the attempted conveyances of interests in a testamentary trust that included a spendthrift provision were void ab initio (void from the outset) or merely voidable. The trust was established by Irene Nutter Haymond for the benefit of her grandchildren. It was co-managed by her son, Christopher Haymond, who convinced the beneficiaries to transfer their interests in the trust property to him in violation of the spendthrift provision. This provision prevented the beneficiaries from alienating or encumbering their interests in the trust until it terminated. The court held that a trust beneficiary's attempt to transfer his or her interest in violation of a valid spendthrift provision is void ab initio. The court reasoned that a settlor's intent in including a spendthrift provision and placing those restraints on the property must control and be given effect. Therefore, an instrument purporting to convey that interest in violation of a valid spendthrift provision is void from the outset.
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