Baker v. Brown
Massachusetts Supreme Judicial Court
Two BILLS IN EQUITY, under the Pub. Sts. c. 161, § 1, cl. 11, to reach and apply, in payment of debts due to the plaintiffs from Joseph D. Brown, his interest in'the residue of . the estate of his wife, Lucy R. Brown. The bills alleged the following facts.
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Two BILLS IN EQUITY, under the Pub. Sts. c. 161, § 1, cl. 11, to reach and apply, in payment of debts due to the plaintiffs from Joseph D. Brown, his interest in'the residue of . the estate of his wife, Lucy R. Brown. The bills alleged the following facts. The plaintiff in the first case recovered judgment against Joseph D. Brown, on October 17, 1884, for the sum of $545.89, damages and costs, no part of which had been paid; and the plaintiff in the second case recovered judgment against him on June 26, 1882, for $160.45, damages and costs, of which only $8.72 had been paid. Lucy R. Brown,…
1Opinion of the CourtC. Allen, J.
It was decided in Broadway National Bank v. Adams, 133 Mass. 170, that the founder of a trust may secure the income of it to the object of his bounty, by providing that it shall not be alienable by him, or be subject to be taken by his creditors. Such provision need not be in express terms, but it is sufficient if the intention is clearly to be gathered from the instrument, when construed in the.light of the circumstances. The only question in the present case is, whether enough appears to show such intention.
The existing circumstances are not so fully disclosed as might be wished, but it…
2Cases cited5 opinions
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Dwelley v. DwelleyMassachusetts Supreme Judicial Court · 1887
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1879
- Lampert v. HaydelMissouri Court of Appeals · 1886
3Cited by27 opinions
- Seymour v. McAvoyCalifornia Supreme Court · 1898
- Wagner v. WagnerIllinois Supreme Court · 1910
- Bennett v. BennettIllinois Supreme Court · 1905
- Raynolds v. HannaU.S. Circuit Court for the District of Northern Ohio · 1893
- Sherman v. HavensSupreme Court of Kansas · 1915
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