Sillick v. Mason
New York Court of Chancery
This ivas an appeal from an order of the vice chancellor of the first circuit, founded upon exceptions to a master’s report. The complainants were judgment creditors of the defendant, who under his father’s will was entitled to an annuity of two thousand five hundred dollars for life, payable semi-annually out of the income of real and personal estate in the hands of trustees.
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This ivas an appeal from an order of the vice chancellor of the first circuit, founded upon exceptions to a master’s report. The complainants were judgment creditors of the defendant, who under his father’s will was entitled to an annuity of two thousand five hundred dollars for life, payable semi-annually out of the income of real and personal estate in the hands of trustees. On the day upon which a semi-annual payment of the annuity became due, and before it was received by'the defendant, the complainants, whose execution had been returned unsatisfied, filed their bill in this cause to…
1Opinion of the Court
The Chancellor.
The question cannot arise, upon this appeal, whether the annuity is one which can be reached by a creditor’s bill, even if it is not all necessary for the support of the defendant and his family. That question was settled upon the original motion to dissolve the injunction, and the order made upon that application was not appealed from. I have no doubt, however, that under the provisions of the revised statutes on that subject, the interest of the cestui que trust in such *81a trust as this, beyond what may be necessary for the support of himself and his family, may be reached, by…
2Cases cited1 opinion
- Bryan v. KnickerbackerNew York Court of Chancery · 1846
3Cited by19 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- Graff v. . BonnettNew York Court of Appeals · 1865
- Canfield v. Security-First National BankCalifornia Supreme Court · 1939
- Tolles v. WoodNew York Court of Appeals · 1885
- Arzbacher v. MayerWisconsin Supreme Court · 1881
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