Murphy v. Delano
Supreme Judicial Court of Maine
On report. Trustee process by creditors, to enforce their claims against Samuel E. Delano, by an attachment of his interest under his father’s will and administered by trustees of the will. The case is stated in the opinion. To impeach a deed of trust the proceedings should be by bill in equity, and in which defendant’s wife and children should be parties. Nichols v. Eaton, 91 U. S. 716; Broadway Nat. Bank v. Adams, 133 Mass. 170.
1Opinion of the CourtWhitehouse, J.
The plaintiff is a creditor of Samuel E. Delano, and seeks by this trustee process to subject to the payment of his debt certain funds in the hands of these trustees, who were appointed by the probate court to execute a trust created by the will of Benjamin Delano, probated in 1875, and who had also been named as trustees in an indenture or deed of trust between themselves and the principal defendant and his wife, Annie T. Delano, executed in 1896.
Whether or not the trustees are chargeable in this proceeding is a question, involving, to some extent, the construction of the will of Benjamin…
2Cases cited3 opinions
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
- Barnes v. DowSupreme Court of Vermont · 1887
- Munroe v. DeweyMassachusetts Supreme Judicial Court · 1900
3Cited by7 opinions
- Carter v. Boone County Trust Co.Supreme Court of Missouri · 1936
- Toomey v. State Board of Land CommissionersMontana Supreme Court · 1938
- Cannon v. StephensCourt of Chancery of Delaware · 1932
- Bryson v. BrysonCalifornia Court of Appeal · 1923
- Valley National Bank v. Hartford Accident & Indemnity Co.Arizona Supreme Court · 1943
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