Legal Opinion

Everhart v. Provident Life & Trust Co.

New York Supreme Court

Decided February 15, 1922PublishedCited by 8 opinions

Motion to dismiss complaint.

1Opinion of the CourtLehman, J.

The plaintiff is the wife of the incompetent defendant Edwin E. Everhart and under a decree of separation is entitled to receive from her husband alimony at the rate of $50 per week. No alimony has been paid under that decree and the plaintiff has secured judgment for over $30,000 for. such unpaid alimony. The complaint shows that the incompetent is not the legal owner of any property out of which the plaintiff could secure payment of this judgment or of future alimony but he is beneficiary of a trust created for his benefit under the will of his father. The will was probated in the state of…

2Cases cited3 opinions

  1. Helme v. . BuckelewNew York Court of Appeals · 1920
  2. Jones v. JonesNew York Supreme Court · 1894
  3. Jenkins v. LesterMassachusetts Supreme Judicial Court · 1881

3Cited by8 opinions

  1. Squier v. HoughtonNew York Supreme Court · 1927
  2. Hobbs v. LewisTennessee Supreme Court · 1954
  3. Wendland v. KnoxCalifornia Court of Appeal · 1942
  4. Kane v. LewisAppellate Division of the Supreme Court of the State of New York · 1953
  5. Erdheim v. MabeeAppellate Division of the Supreme Court of the State of New York · 1952

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