Spelman v. Aldrich
Massachusetts Supreme Judicial Court
Trustee Process. Writ dated July 23,1874, returnable to the Superior Court. The Woronoco Savings Bank, summoned as trustee, answered that, at the time of the service of the writ, it had in its hands and possession the sum of $200, standing in the name of Sarah E. Aldrich, and denied that it had any goods, effects or credits in its hands and possession in the name of Bennet Aldrich. C. K. Lambson appeared as claimant of the funds in the hands of the trustee.
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Trustee Process. Writ dated July 23,1874, returnable to the Superior Court. The Woronoco Savings Bank, summoned as trustee, answered that, at the time of the service of the writ, it had in its hands and possession the sum of $200, standing in the name of Sarah E. Aldrich, and denied that it had any goods, effects or credits in its hands and possession in the name of Bennet Aldrich. C. K. Lambson appeared as claimant of the funds in the hands of the trustee. The defendant was defaulted; and the case was tried between the plaintiff and claimant before Crardner, J., without a jury. It was agreed…
1Opinion of the CourtMorton, J.
We do not deem it necessary to discuss all the questions presented by the learned counsel for the claimant, because our opinion upon one of them is decisive of the rights of the parties.
The money in the hands of the trustee was deposited by the defendant in the name of his wife, but it was at no time her sole and separate property, free from the. control of her husband, or from attachment by his creditors. A married woman cannot *117acquire property to be held as her sole and separate property by gift from her husband. Gen. Sts. c. 108, § 10. Though such a gift may be so far valid as to give the…
2Cases cited2 opinions
- McCluskey v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1869
- Sampson v. BradfordMassachusetts Supreme Judicial Court · 1850
3Cited by20 opinions
- Price v. Society for SavingsSupreme Court of Connecticut · 1894
- Recor v. Commercial & Savings BankMichigan Supreme Court · 1905
- Tully v. TullyMassachusetts Supreme Judicial Court · 1893
- Webb v. HoltSupreme Court of Iowa · 1882
- Brown v. BrownMassachusetts Supreme Judicial Court · 1899
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