This section contains the nature of the case and procedural background.

Paulina died in 1933, her will left part of her estate to Romulus with absolute discretion in the executor to determine just what Romulus would get for his support, maintenance, and comfort. In no event was any portion of the principal or interest to be applied to any debt of Romulus and the trust was to cease and the principal was to go to the remaindermen, Romulus' children, if a Court were to adjudge that any part of the trust was subjected to the claims of any creditor. Iva divorced Romulus in 1923. She asked for an attachment against the trust fund to satisfy her personal judgment against Romulus for unpaid child support and alimony. The trial court found for Iva.

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