Foster v. Foster
Massachusetts Supreme Judicial Court
Bill in equity, under the Gen. Sts. c. 113, § 2, cl. 11, against David W. Foster, James Wyman and James Foster, to reach and apply, in payment of instalments of alimony due to the plaintiff from James Foster, her former husband, his interest in a trust fund held by the other defendants under the will of John H. Foster, the father of James Foster. The defendants demurred to the bill for want of equity.
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Bill in equity, under the Gen. Sts. c. 113, § 2, cl. 11, against David W. Foster, James Wyman and James Foster, to reach and apply, in payment of instalments of alimony due to the plaintiff from James Foster, her former husband, his interest in a trust fund held by the other defendants under the will of John H. Foster, the father of James Foster. The defendants demurred to the bill for want of equity. At the hearing, the demurrer was sustained and the bill dismissed; and the plaintiff appealed to the full court. The material provisions of the will appear in the opinion.
1Opinion of the CourtMorton, C. J.
Assuming that the plaintiff stands in the same position and has the same rights as any other creditor of James Foster, it is clear that this bill cannot be maintained.
The will of John H. Foster, the father of James, creates a trust fund for the benefit of James, but it expressly provides that the trustees may at their discretion pay or apply the income of the fund to the personal benefit or comfort of said James, or ' such member or members of his immediate family, as the trustees may think proper, and that such income shall not be subject to his debts or assignable by him by way of…
2Cases cited1 opinion
- Hall v. WilliamsMassachusetts Supreme Judicial Court · 1876
3Cited by12 opinions
- Saltonstall v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1926
- Raynolds v. HannaU.S. Circuit Court for the District of Northern Ohio · 1893
- Crawford v. LangmaidMassachusetts Supreme Judicial Court · 1898
- Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
- Bucknam v. BucknamMassachusetts Supreme Judicial Court · 1936
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