Sanford v. Lackland
U.S. Circuit Court for the District of Missouri
Appeal from the district court of the United States for the Eastern district of Missouri. The plaintiff is the assignee in bankruptcy of Wm. C. Hill. The defendants are Wm. C. Hill, Lackland and Clark, the executors and trustees named in the will of James B. Hill, and Edwards, trustee in a deed of trust for the benefit of Mathews, executed by William C. Hill on the property in controversy.
Read the full summary
Appeal from the district court of the United States for the Eastern district of Missouri. The plaintiff is the assignee in bankruptcy of Wm. C. Hill. The defendants are Wm. C. Hill, Lackland and Clark, the executors and trustees named in the will of James B. Hill, and Edwards, trustee in a deed of trust for the benefit of Mathews, executed by William C. Hill on the property in controversy. The question, in the ease is, whether, subject to the Mathews deed oí trust, the assignee in bankruptcy is entitled to the interest and right of William C. Hill in the property held by the executors or…
1Opinion of the Court
DILLON, Circuit Judge.
The share of the bankrupt in his father's estate has been duly-ascertained and set apart in severalty to him, but with the exception of the ten thousand dollars advanced on his attaining his majority is yet in the hands of the trustees, as he was not twenty-six years of age at the time he was adjudicated a bankrupt. By the bankrupt law [of 18G7 (14 Stat. 517)], all the property of the bankrupt, with certain exemptions not necessary to be noticed, vests *360in the assignee (section 14); and if William C. Hill owned or had a beneficial interest in the property in the hands of…
2Cases cited3 opinions
- Bryan v. KnickerbackerNew York Court of Chancery · 1846
- Nicoll v. WalworthNew York Supreme Court · 1847
- Havens v. HealyNew York Supreme Court · 1863
3Cited by2 opinions
- In re Jersey Island Packing Co.Court of Appeals for the Ninth Circuit · 1905
- Wallace v. SmithCourt of Appeals of Kentucky · 1902