Schenck v. . Barnes
New York Court of Appeals
Appeal, by certification, from an order and interlocutory judgment of the Appellate Division of the Supreme Court in the second judicial department, entered respectively January 21 and January 26,1898, reversing an order and interlocutory judgment of the Special Term sustaining a demurrer to the complaint.
Read the full summary
Appeal, by certification, from an order and interlocutory judgment of the Appellate Division of the Supreme Court in the second judicial department, entered respectively January 21 and January 26,1898, reversing an order and interlocutory judgment of the Special Term sustaining a demurrer to the complaint. This action was brought by a judgment creditor to reach the interest of the judgment debtor in a trust fund of real property created by himself, in which he reserved to himself a life interest. The questions certified are stated in the opinion. The complaint does not state facts sufficient…
1Opinion of the Court
This appeal certifies two questions:
"First. In case a party who, when solvent, executes a deed of trust of real property situate in this state, whereby he conveys the same to a trustee, reserving to himself the payment to him from time to time during his life of the net income from the trust estate, subject to the necessary expenses of the trustee, with a remainder over, and with full power to sell in said trustee; can a party, who at the time of the creation of the trust was not a creditor of the creator or beneficiary of the trust, but who subsequently became a creditor, and who thereafter…
2Cases cited8 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Graff v. . BonnettNew York Court of Appeals · 1865
- Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882
- Grannan v. . Westchester Racing Assn.New York Court of Appeals · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- Vanderbilt Credit Corp. v. Chase Manhattan Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
59 more not listed; retrieve them via the Exa API.