Sparhawk v. Cloon
Massachusetts Supreme Judicial Court
Bill nr equity against William F. Cloon and Francis Par-ton, to reach and apply a trust fund in the hands of Cloon in payment of a debt due from Parton to the plaintiff.
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Bill nr equity against William F. Cloon and Francis Par-ton, to reach and apply a trust fund in the hands of Cloon in payment of a debt due from Parton to the plaintiff. The bill alleged that the will of Mary R. Parton, dated February 5, 1863, contained the following provisions : “ Item 1. I give, bequeath and devise all the property I may own at the time of my death, whether real, personal or mixed, and all contingent right vested in me to any property, or easement or interest, to and unto William F. Cloon, of Marblehead, Massachusetts, to be held by him in trust for the sole use and support…
1Opinion of the CourtGray, C. J.
At law, any property, real or personal, that a man owns, may be alienated by him, or may, unless specially exempted by statute, be taken for the payment of his debts; and no form of grant or devise can enable the grantee or devisee to hold the estate without its being subject to alienation, attachment and execution. Co. Lit. 228 a. Blackstone Bank v. Davis, 21 Pick. 42.
From the time of Lord Eldon, the same rule has prevailed in the English Court of Chancery to the extent of holding that where the income of a trust estate is given to any person (other than a married woman) for life, the…
2Cases cited11 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Hyde v. WoodsSupreme Court of the United States · 1877
- Holdship v. PattersonSupreme Court of Pennsylvania · 1838
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Nichols v. LevySupreme Court of the United States · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Winsor v. MillsMassachusetts Supreme Judicial Court · 1892
- Greene v. JohnstonSupreme Court of Delaware · 1953
- Raynolds v. HannaU.S. Circuit Court for the District of Northern Ohio · 1893
17 more not listed; retrieve them via the Exa API.