Roberts v. Stevens
Supreme Judicial Court of Maine
On report. This was a creditor’s bill to reach, and satisfy in payment of plaintiffs’ judgment, the income of the defendant Stevens in the hands of his co-defendant, executor of Stevens’ father’s will also to enjoin payments from the estate to Stevens. The case is stated in the opinion. Jurisdiction: R. S., c. 77, § 6, cl. 8, 10; 1 Sto.
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On report. This was a creditor’s bill to reach, and satisfy in payment of plaintiffs’ judgment, the income of the defendant Stevens in the hands of his co-defendant, executor of Stevens’ father’s will also to enjoin payments from the estate to Stevens. The case is stated in the opinion. Jurisdiction: R. S., c. 77, § 6, cl. 8, 10; 1 Sto. Eq. 33. An absolute, vested, equitable estate is assignable and liable to claims of creditors of the cestui que trust; and a vested, equitable estate can be rendered non-assignable and removed from the reach of creditors only by the expressed intention of the…
1Opinion of the CourtVirgin, J.
The complainants are judgment creditors of the defendant Stevens, and the executor of the will of Stevens’ father is the other defendant.
The remainder of the estate of the testator, after the payment of certain legacies, was given to his executor, to hold in trust during the lives of his three sons and of certain life annuitants.
After the payment of the life annuities from the income of the trust estate, the testator directed the remainder of such income to bo divided among his living sons, (of whom the defendant is one,) and the families of such of his sons as might have deceased and left…
2Cases cited11 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Hyde v. WoodsSupreme Court of the United States · 1877
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Smith v. TowersCourt of Appeals of Maryland · 1888
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3Cited by21 opinions
- Seymour v. McAvoyCalifornia Supreme Court · 1898
- Olsen v. YoungermanSupreme Court of Iowa · 1907
- San Diego Trust & Savings Bank v. HeustisCalifornia Court of Appeal · 1932
- Sherman v. HavensSupreme Court of Kansas · 1915
- Bezanson v. Maine National Bank (In Re Kwaak)United States Bankruptcy Court, D. Maine · 1984
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