Iasigi v. Shaw
Massachusetts Supreme Judicial Court
Bill in equity, filed January 7, 1896, against John O. Shaw, Junior, and George Lemist Clarke, trustees under the will of Joseph Iasigi, and Thomas G. Iasigi, the beneficiary thereunder, to reach and apply the interest of the latter in payment of a debt due to the plaintiff.
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Bill in equity, filed January 7, 1896, against John O. Shaw, Junior, and George Lemist Clarke, trustees under the will of Joseph Iasigi, and Thomas G. Iasigi, the beneficiary thereunder, to reach and apply the interest of the latter in payment of a debt due to the plaintiff. The trustees demurred, assigning, as ground therefor that the plaintiff had not stated in his bill such a case as entitled him “ to any discovery from these defendants, or to any relief against them, or to any account from them, as to the matters contained in his said bill, or any of such matters.” Hearing before Allen,…
1Opinion of the CourtBarker, J.
The decisions of this court which hold that a trust can be so framed that the interest of the beneficiary cannot be reached by his creditors, although there is no cesser or limitation of his estate in such an event, were considered in the recent case of Wemyss v. White, 159 Mass. 484, with the result there stated: “The question in every case is, whether an equitable cestui que trust takes an absolute unqualified interest, which he can assign and which can be reached by his creditors, or whether he takes merely a qualified interest, over which he has no power until the property, principal or…
2Cases cited3 opinions
- Wemyss v. WhiteMassachusetts Supreme Judicial Court · 1893
- Parker v. IasigiMassachusetts Supreme Judicial Court · 1885
- Iasigi v. IasigiMassachusetts Supreme Judicial Court · 1894
3Cited by2 opinions
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Endicott v. Rector & Board of Visitors of University of VirginiaMassachusetts Supreme Judicial Court · 1902