Williams v. . Thorn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial, and affirming a decision, of Special Term in favor of plaintiff. The nature of the action and the facts are set forth sufficiently in the opinion. The beneficiary has no title or interest in the principal or income of the trust estate, and it could not be reached by his creditors.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial, and affirming a decision, of Special Term in favor of plaintiff. The nature of the action and the facts are set forth sufficiently in the opinion. The beneficiary has no title or interest in the principal or income of the trust estate, and it could not be reached by his creditors. (3 R. S. [5th ed.], 16, § 55, sub. 3 ; id., 21, § 79; id., 264, § 43 ; Leggett v. Perkins, 2 N. Y., 296; 2 Wigram on Wills [2 Am. ed.], 224; Campbell v. Foster, 35 N. Y., 361; Harris v. Van…
1Opinion of the CourtRapallo, J.
This action is brought by a judgment creditor of the defendant Butterfield, after the return of an execution unsatisfied, to reach the surplus income of a trust estate, of which the judgment debtor is the beneficiary.
The trust estate consists of real and personal property, which was given by the will of the father of the defendant Butterfield to the defendants Thorn and others, in trust, to receive the rents and profits of the real estate and the income of the personal estate, and to pay over the rents of the real estate and the income of the personal property to the defendant Butterfield…
2Cases cited12 opinions
- Graff v. . BonnettNew York Court of Appeals · 1865
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Campbell v. . FosterNew York Court of Appeals · 1866
- Bramhall v. . FerrisNew York Court of Appeals · 1856
- Clute v. BoolNew York Court of Chancery · 1840
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3Cited by73 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Potter v. CouchSupreme Court of the United States · 1891
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Spindle v. ShreveSupreme Court of the United States · 1884
68 more not listed; retrieve them via the Exa API.