Dillon v. Spilo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
The question presented is whether the interest of a settlor of a trust for her own life (with remainder over to her children) may be resorted to in its entirety to satisfy a judgment recovered on a claim accruing subsequent to the creation of the trust; or whether the judgment creditors may have satisfaction only as limited by the provisions of sections 684, 685 or 793 of the Civil Practice Act.
The complaint discloses that the plaintiffs obtained judgment against the settlor of the trust on August 15, 1935, in the sum of $1,038.06, on which execution has been returned unsatisfied.
The trust…
2Cases cited5 opinions
- Graff v. . BonnettNew York Court of Appeals · 1865
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Newton v. HuntAppellate Division of the Supreme Court of the State of New York · 1909
- Newton v. . HuntNew York Court of Appeals · 1911
- Kene v. HillAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Fordyce v. FordyceNew York Supreme Court · 1974
- Plymouth Rock Fuel Corp. v. Bank of New YorkCivil Court of the City of New York · 1977