Liberty Storage & Warehouse Co. v. Van Wyck

The issue on this appeal is the validity of two orders under section 796 of the Civil Practice Act, made by the City Court and affirmed by the Appellate Term, directing the trustees of two voluntary trusts to pay to the sheriff the amount of plaintiff’s judgment out of twenty-five per cent of the principal of two trust funds. The City Court held that under section 34 of the Personal Property Law the trusts were void as to twenty-five per cent of the principal thereof with respect to which the judgment debtor had reserved to himself power of appointment by will. The trustees appeal.

Prescott…