Havens v. Healy
New York Supreme Court
Case agreed upon by the parties, pursuant to section 372 of the code of procedure. Upon proceeedings supplementary to execution before Hon. George Humphrey, county judge of Cayuga county, in favor of Joseph Moore, plaintiff, against Joshua M. Bidlock, defendant, Dexter E. Havens was appointed “ receiver of all debts, property, equitable interests, rights and things in action of said Joshua M. Bidlock, on the 16th day of January, 1852. The supplementary proceedings were…
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Case agreed upon by the parties, pursuant to section 372 of the code of procedure. Upon proceeedings supplementary to execution before Hon. George Humphrey, county judge of Cayuga county, in favor of Joseph Moore, plaintiff, against Joshua M. Bidlock, defendant, Dexter E. Havens was appointed “ receiver of all debts, property, equitable interests, rights and things in action of said Joshua M. Bidlock, on the 16th day of January, 1852. The supplementary proceedings were commenced January 6th, 1850, upon judgments rendered .September 15, 1848, for $101,50, upon contract. The judgment debtor,…
1Opinion of the Court
By the Court, Johnson, J.
I think it is clear that Joshua M. Bidlock was the substantial owner of the trust fund in the hands of the defendant.
By the terms of the deed or instrument by which the trust, such as it was, was created, the defendant, after the death of Mrs. Bennett, and the payment of her debts and funeral charges, was to divide the residue of her money, in his hands; equally among her three children, Joshua M., John and So*301phia, but was to keep the share of Joshua M. in trust, for his benefit, and to pay it to him in small sums, for the support of himself and family or otherwise,…
2Cases cited2 opinions
- Bryan v. KnickerbackerNew York Court of Chancery · 1846
- Degraw v. ClasonNew York Court of Chancery · 1844
3Cited by6 opinions
- School District No. 11 v. BatscheMichigan Supreme Court · 1895
- In re the Accounting of Chemical Bank New York Trust Co.New York Court of Appeals · 1969
- Murphy v. BusickIndiana Court of Appeals · 1899
- In re WentworthAppellate Division of the Supreme Court of the State of New York · 1920
- Sanford v. LacklandU.S. Circuit Court for the District of Missouri · 1871
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