Sparrow v. Chesley
Supreme Judicial Court of Maine
From the trustee’s disclosure it appeared, that she purchased of Susan Chesley, certain bank shares, for which she paid by her negotiable note for the amount agreed upon, upon which she had made divers payments —- that she was the daughter of Joseph and Susan Chesley — that her father had more than twenty-five years before the death of her brother Albert, absconded and left her mother and family without making any provision for their maintenance — that he had resided in…
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From the trustee’s disclosure it appeared, that she purchased of Susan Chesley, certain bank shares, for which she paid by her negotiable note for the amount agreed upon, upon which she had made divers payments —- that she was the daughter of Joseph and Susan Chesley — that her father had more than twenty-five years before the death of her brother Albert, absconded and left her mother and family without making any provision for their maintenance — that he had resided in Massachusetts —■ where he had married another wife — that Albert Chesley, a brother, died, leaving property to which her…
1Opinion of the Court
The opinion of the Court was delivered by
Weston C. J.
The conveyance made by the principal defendant, of property in trust for the benefit of his wife and children, which furnished the means of purchasing the stocks, now held by the supposed trustee, being voluntary, is void as against his creditors, but until they manifested themselves, or interfered, we are not aware that the sale or disposal of the trust property, in pursuance of the trust, can be defeated or vacated, as against a bona fide purchaser. The principal debt- or was at liberty to purchase stocks with the property conveyed, and…
2Cited by5 opinions
- McKee v. WestSupreme Court of Alabama · 1904
- Swinford v. RogersCalifornia Supreme Court · 1863
- Drake v. HarrisonWisconsin Supreme Court · 1887
- Peter Barceloux Co. v. BuffumCourt of Appeals for the Ninth Circuit · 1932
- Lougheed v. ArmstrongNew Jersey Court of Chancery · 1914