Nickerson v. Van Horn
Massachusetts Supreme Judicial Court
Bill in equity, filed February 28 and amended by leave of court December 20, 1901, to reach and apply the income of a truát fund, given to the defendant Harriet J. Van Horn by the will of John Simmons, in satisfaction of the plaintiffs’ claim.
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Bill in equity, filed February 28 and amended by leave of court December 20, 1901, to reach and apply the income of a truát fund, given to the defendant Harriet J. Van Horn by the will of John Simmons, in satisfaction of the plaintiffs’ claim. The case was heard by Barker, J., who found that the trustees under the will of John Simmons, before the filing of the bill, in pursuance of the will transferred to the defendant corporation, the Simmons Female College, the property on which the annuity of $5,000 to the defendant Harriet J. Van Horn was charged; that the trustees had no title to the…
1Opinion of the CourtKnowlton, J.
The plaintiffs seek to reach and apply, in payment of a debt, the interest of the defendant, Harriet J. Van Horn as a cestui que trust under the seventh article of the will and the fourth and fifth articles of the codicil to the will of her grandfather, John Simmons. The question as to each of these legacies is whether it is an absolute gift, of which this defendant has the power of alienation, and which is subject to be taken by her creditors for her debts, or whether, under the trust, it is put beyond her control except to use it as it is paid to her when due, and beyond the power of her…
2Cases cited8 opinions
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Smith v. TowersCourt of Appeals of Maryland · 1888
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Crawford v. LangmaidMassachusetts Supreme Judicial Court · 1898
- Partridge v. CavenderSupreme Court of Missouri · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
- Perabo v. GallagherMassachusetts Supreme Judicial Court · 1922
- Johnson v. BrinkMassachusetts Supreme Judicial Court · 1930
- Hale v. BowlerMassachusetts Supreme Judicial Court · 1913
- Ballantine v. BallantineU.S. Circuit Court for the District of New Jersey · 1907
4 more not listed; retrieve them via the Exa API.