Stewart v. Foster
New York Court of Common Pleas
Appeal by defendant from an order in proceedings supplementary to execution. In December, 1856, tbe plaintiffs recovered judgment against tbc defendant for $8,031.01. Execution was issued thereon and returned unsatisfied, and proceedings supplementary to execution were thereupon commenced.
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Appeal by defendant from an order in proceedings supplementary to execution. In December, 1856, tbe plaintiffs recovered judgment against tbc defendant for $8,031.01. Execution was issued thereon and returned unsatisfied, and proceedings supplementary to execution were thereupon commenced. On the examination of tbe defendant, it appeared, among other things, that her father had died, leaving her, by his ivill, $30,000, which was in the hands of Anthony Hoguet and Andrew C. Getty as trustees. She testified that she had only received $1,200 per annum therefrom; that she did not know whether…
1Opinion of the Court
INGRAHAM, First Judge.
There is nothing, in the evidence in this case, which shows that the trust created in the bauds of Hog^t & Getty, as trustees for the benefit of the defendant, was not created by herself, and that the whole fund was not liable to her debts.
Supposing, however, that the trust was required by the will of the defendant’s father, then, secondly, it appears that the annual income was $2,100, of which the defendant has received only $1,200, and no explanation of the disposition of the residue is shown. It is true the trustee Iloguet says the amount was paid over quarterly, but…
2Cited by6 opinions
- Crounse v. WhippleNew York Supreme Court · 1865
- In re Trustees of the Board of Publication & Sabbath School WorkNew York Supreme Court · 1898
- Collins v. ConnellyAppellate Terms of the Supreme Court of New York · 1925
- Barnard v. KobbeNew York Court of Common Pleas · 1871
- Dease v. ReeseNew York Supreme Court · 1903
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