Legal Opinion

Carter v. Brownell

Supreme Court of Connecticut

Decided July 20, 1920PublishedCited by 20 opinions

Action by a judgment creditor to secure the appropriation to the payment of his claim of the income of a testamentary trust fund of which his debtor was the beneficiary, brought to and reserved by the Superior Court in Fairfield County {Haims, J.), upon an agreed statement of facts, for the advice of this court.

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Action by a judgment creditor to secure the appropriation to the payment of his claim of the income of a testamentary trust fund of which his debtor was the beneficiary, brought to and reserved by the Superior Court in Fairfield County {Haims, J.), upon an agreed statement of facts, for the advice of this court. Sarah S. Brownell resided for several years preceding her death at Westport with her husband, Harry C. Brownell, and they were mutually dependent for their support upon the income from a trust fund amounting to about $25,000 created under the will of her father, which gave her the…

1Opinion of the CourtWheeler, J.

The plaintiff prays a judgment against Harry C. Brownell, cestui que trust of the income of a trust fund created by the third clause of his wife’s will, and for a decree against the Westport Bank and Trust Company, trustee of said fund, requiring it, as such income accrued, to pay over the net amount thereof, which would otherwise be payable to Harry C. Brown-ell, to the plaintiff or his order, until the said judgment be fully satisfied.

Mrs. Brownell, by the third clause of her will, devised and bequeathed her property to the Trust Company, in trust to invest the same and collect the income,…

2Cases cited5 opinions

  1. Nichols v. EatonSupreme Court of the United States · 1875
  2. Huntington v. JonesSupreme Court of Connecticut · 1899
  3. Mason v. Rhode Island Hospital Trust Co.Supreme Court of Connecticut · 1905
  4. Holmes v. BushnellSupreme Court of Connecticut · 1907
  5. Easterly v. KeneySupreme Court of Connecticut · 1869

3Cited by20 opinions

  1. Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
  2. Zeoli v. Commissioner of Social ServicesSupreme Court of Connecticut · 1979
  3. City of Bridgeport v. ReillySupreme Court of Connecticut · 1946
  4. Bridgeport-City Trust Co. v. BeachSupreme Court of Connecticut · 1934
  5. Corcoran v. Department of Social ServicesSupreme Court of Connecticut · 2004

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