Wemyss v. White
Massachusetts Supreme Judicial Court
Bill in equity, filed January 20,1893, against Charles G. White and Ambrose A. Ranney, trustees under the will of Benjamin F. White, and Henry G. White, the beneficiary thereunder, to reach and apply the income of the latter in payment of an order and mortgage given by him to the plaintiff. Hearing before Holmes, J., who reported the case for the determination of the full court. The material facts appear in the opinion.
1Opinion of the CourtLathrop, J.
It was held, after much consideration by this court, in Broadway Bank v. Adams, 133 Mass. 170, that a person having the right to dispose of property may settle it in trust in favor of another, with the provision that the income shall not be alienated by the beneficiary by anticipation, or be subject to be taken by his creditors in advance of its payment to him, although there is no cesser or limitation of the estate in such an event. This case distinctly repudiated the doctrine of the English courts of equity, which is, “ that when the income of a trust estate is given to any person (other…
2Cases cited11 opinions
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- SchoulerMassachusetts Supreme Judicial Court · 1883
- Baker v. BrownMassachusetts Supreme Judicial Court · 1888
- Wilson v. Martin-Wilson Automatic Fire Alarm Co.Massachusetts Supreme Judicial Court · 1890
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3Cited by14 opinions
- Hussey v. ArnoldMassachusetts Supreme Judicial Court · 1904
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
- Crawford v. LangmaidMassachusetts Supreme Judicial Court · 1898
- Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
9 more not listed; retrieve them via the Exa API.