Nichols v. Eaton
Supreme Court of the United States
Appeal from tbe Circuit Court of tbe United States for tbe District of Rhode Island. Tbe controversy in this case arises on tbe construction and legal effect of certain clauses in the will of Mrs. Sarah B. Eaton. At tbe time of her death, and at the date of her will,. she bad three sons and a daughter; being herself a widow, and. possessed of large means of her own.
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Appeal from tbe Circuit Court of tbe United States for tbe District of Rhode Island. Tbe controversy in this case arises on tbe construction and legal effect of certain clauses in the will of Mrs. Sarah B. Eaton. At tbe time of her death, and at the date of her will,. she bad three sons and a daughter; being herself a widow, and. possessed of large means of her own. By her will, she devised her estate, real and personal, to three trustees, upon trusts to pay the rents, profits, dividends, .interest, and income of the trust-property to her four children equally, for and during .their natural…
1Opinion of the CourtJustice Millee
The claim of the assignee is founded on the proposition, ably presented here by counsel, that a will which expresses a pur pose to vest in a devisee either personal property, or the income of personal or real property, and secure to him its enjoyment free from liability for his debts, is void on grounds of public policy, as being in fraud of the rights of creditors; or as expressed by Lord Eldon in Brandon v. Robinson, 18 Ves. 433, “ If property is given to a man' for his life, the donor cannot take away the incidents of a life-estate.”
There are two propositions tg be considered as arising on…
2Cases cited3 opinions
- Holdship v. PattersonSupreme Court of Pennsylvania · 1838
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
- Ashhurst v. GivenSupreme Court of Pennsylvania · 1843
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- Hyde v. WoodsSupreme Court of the United States · 1877
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