Jurgens v. Eads

It is difficult to perceive that we achieve a rational purpose in holding that the several respondents are barred from electing to receive their interests in a manner other than that preferred by a trustee.

The principal opinion leaves unresolved and undefined the question of the “time for distribution.” It may be the date of sale, a trustee’s report of sale, a petition for distribution, or the writing of the checks by the trustee, or the cashing of his check by an individual distributee. The possibility of divestiture must be determined at some point in time but that point remains…