Alexander v. Crittenden
Massachusetts Supreme Judicial Court
Trustee process. The answer of Billings Palmer, the trustee, disclosed that, at the time of the service of the process upon him, he held in his hands the amount of a judgment recovered by him as attorney, in the name of the defendant and his wife, for a legacy given to her by the will of her father, which was proved on the 5th of December 1854, and which was paid to him on the day of the service. Other material facts are stated in the opinion.
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Trustee process. The answer of Billings Palmer, the trustee, disclosed that, at the time of the service of the process upon him, he held in his hands the amount of a judgment recovered by him as attorney, in the name of the defendant and his wife, for a legacy given to her by the will of her father, which was proved on the 5th of December 1854, and which was paid to him on the day of the service. Other material facts are stated in the opinion. In the superior court, the trustee was discharged, and the plaintiff appealed to this court. This case was argued in September 1861.
1Opinion of the CourtDewey, J.
Independently of the changes made by the recent legislation as to the rights of property of married women, no doubt could arise as to charging the trustee in the present case. The judgment in the action in the name of the husband and wife for the legacy given her by her late father, and the actual payment of the same by the executor, would of themselves reduce the legacy to the possession of the husband, and make it absolutely his property.
Under the former decisions of this court, a creditor of the husband may reach such legacy by a trustee process against the executor before any suit or even…
2Cases cited1 opinion
- Stibbins v. StibbinsCourt of Appeals of Kentucky · 1858