Jenks v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles P. Buchanan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of November, 1914, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Clarke, J.:
This is an action by the trustee of the bankrupt estate of Charles P. Buchanan to reach the surplus income of two spendthrift trusts created for his benefit by the wills of his father and mother, the annual income of said trusts being upward of $23,000.
The appellant filed a voluntary petition in bankruptcy and the plaintiff was appointed his trustee. A small amount of assets was disclosed. Subsequently he received his discharge in bankruptcy.
Section 98 of the Beal Property Law (Consol. Laws, chap. 50; Laws of 1909, chap. 52), formerly section 78 of the Real Property Law (Gen. Laws,…
2Cases cited9 opinions
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Williams v. . ThornNew York Court of Appeals · 1877
- Spindle v. ShreveSupreme Court of the United States · 1884
- Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
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3Cited by11 opinions
- Syracuse Engineering Co. v. HaightCourt of Appeals for the Second Circuit · 1940
- Matter of Kaplan v. PeyserNew York Court of Appeals · 1937
- Erickson v. Bank of California, N.A.Washington Supreme Court · 1982
- Canfield v. Security First National BankCalifornia Court of Appeal · 1935
- Matter of Irving Trust Co.New York Court of Appeals · 1935
6 more not listed; retrieve them via the Exa API.