Degraw v. Clason
New York Court of Chancery
This was an.appl ¡cation in the nature of an appeal, from the decision of Master Robinson, in settling the form of'an assignment to a receiver, from the defendant in a creditor’s bill.
Read the full summary
This was an.appl ¡cation in the nature of an appeal, from the decision of Master Robinson, in settling the form of'an assignment to a receiver, from the defendant in a creditor’s bill. The complainant’s bill, after setting forth the recovery of the judgment against the defendant, and the return of an execution unsatisfied, and the several matters required to be stated in creditors’ bills by the 189th rule of this court, set out the will of W. J. Clason, the former husband of the defendant, bequeathing to her an annuity of $700 during her life or widowhood, in liem of dower; which annuity was…
1Opinion of the Court
The Chancellor.
If it was proper for the master to direct any exception to be inserted in the assignment to the receiver, under this order of reference, it should have been in the language of the exception contained in the thirty-eighth section of the article of the revised statutes relative to the court of chancery. (2 R. S. 174.) No exception of this kind; however, is necessary or proper to be inserted .in the assignment; as this court, in the case of Hallett v. Thompson, (5 Paige's Rep. 583.) has decided that this section of the statute was only intended to exempt the beneficial interest,…
2Cited by23 opinions
- Graff v. . BonnettNew York Court of Appeals · 1865
- Bergmann v. . LordNew York Court of Appeals · 1909
- Campbell v. . FosterNew York Court of Appeals · 1866
- ReQua v. GrahamIllinois Supreme Court · 1900
- Tolles v. WoodNew York Court of Appeals · 1885
18 more not listed; retrieve them via the Exa API.