Clute v. Bool
New York Court of Chancery
This case came before the court upon an appeal from a decretal order of a vice chancellor. The bill was filed by the complainants as judgment creditors of the defendant, to reach, among other things, his interest in an annuity of $400 given him by the will of his father, who died fifteen days before the filing of the bill in this cause.
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This case came before the court upon an appeal from a decretal order of a vice chancellor. The bill was filed by the complainants as judgment creditors of the defendant, to reach, among other things, his interest in an annuity of $400 given him by the will of his father, who died fifteen days before the filing of the bill in this cause. The will directed the executors to set apart from the testator’s personal property a sum sufficient, at an interest of six per cent per annum, to produce the annuity, and to pay the annuity to the defendant out of such interest in quarter yearly payments…
1Opinion of the Court
The Chancellor.
No written opinion appears to have been delivered by the vice chancellor, and I am therefore not aware of the grounds upon which his decision and the decision of the exception master were based. But the *85complainants,' in this part of their bill, and by their two first exceptions to the answer, appear to have proceeded upon the supposition that the interest of the cestui que trust in an annuity, payable out of the future income of personal estate bequeathed to trustees to invest and to receive the income thereof for his use, can be reached by a decree, in anticipation, and…
2Cases cited1 opinion
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by19 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Williams v. . ThornNew York Court of Appeals · 1877
- Campbell v. . FosterNew York Court of Appeals · 1866
- Bramhall v. . FerrisNew York Court of Appeals · 1856
- Stewart v. McMartinNew York Supreme Court · 1849
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