Corey v. Powers
Supreme Court of Vermont
Trustee Process. The trustee disclosed, that in 1842 the principal debtor, who was his father, conveyed to hint all his property, amounting to about five hundred dollars, as a consideration for the support of himself and wife, during their lives, by the trustee; that his father was very infirm, and unable to do any business, and this was the sole inducement to the trustee to enter into the contract ; and that the trustee knew, at the time the contract was made, that the debt…
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Trustee Process. The trustee disclosed, that in 1842 the principal debtor, who was his father, conveyed to hint all his property, amounting to about five hundred dollars, as a consideration for the support of himself and wife, during their lives, by the trustee; that his father was very infirm, and unable to do any business, and this was the sole inducement to the trustee to enter into the contract ; and that the trustee knew, at the time the contract was made, that the debt now in suit was outstanding against his father, but he averred, that it was not his design to injure any of his…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
In this case, on the disclosure, allegations and proof, Charles Powers was adjudged the trustee of Jonathan Powers, the principal debtor. It appears, and is found by the county court, that the trustee had received of the debtor property and funds, to an amount sufficient to pay the debt of the plaintiff, and promised the debtor, that he would pay that debt, and that the debtor refused to convey the property to the trustee, until he thus promised.
Without any regard to the question, which was attempted to be raised in this case whether…
2Cases cited2 opinions
- Hall v. HuntoonSupreme Court of Vermont · 1845
- Crampton v. Administrator of BallardSupreme Court of Vermont · 1838
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- Chapman v. MearsSupreme Court of Vermont · 1883