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eBook details

• Title: Lagae V. Lackner
• Author : Colorado Supreme Court
• Release Date : January 27, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

We granted certiorari to review the court of appeals opinion in Lackner v. King, 972 P.2d 690 (Colo. App. 1998). This appeal arises out of the attempted seizure of trust property to satisfy a co-trustee's individual debts. Judgment creditors sought satisfaction of their judgments based on a personal representative's deed to the co-trustee "as trustee" that did not identify the beneficiaries of the trust or reference a document of record containing such information, as provided by section 38-30-108, 10 C.R.S. (1999). We hold that this statutory section does not allow judgment creditors to satisfy their judgments from trust property when they did not rely on the non-conforming personal representative's deed in extending credit to the individual serving as trustee. Thus, we reverse the judgment of the court of appeals and uphold the trial court's refusal to enforce the creditors' notices of levy and seizure, although for different reasons than those provided by the trial court.

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