Hallett v. Thompson
New York Court of Chancery
This suit was brought by a judgment creditor, for the-recovery of his debt, after the return of an execution unsatisfied.
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This suit was brought by a judgment creditor, for the-recovery of his debt, after the return of an execution unsatisfied. The bill was filed against Thompson, the judgment debtor, and against the executors of Mary Burling, deceased, to obtain satisfaction of the judgment out of a legacy given by the testatrix to Thompson, by a bequest in the following words: “ I give and bequeath unto my friend Jeremiah Thompson, of the city of New-York, the sum of $4000; which sum Í nevertheless order my executors to retain in their hands and put at iris terest, and pay the interest thereof yearly to the…
1Opinion of the Court
The Chancellor.
The legacy in this case Is perfectly under the control of Thompson, the legatee, so that he may obtain payment thereof whenever he pleases. This power to ■compel payment of the legacy is a beneficial power in the legatee, which would pass to the assignees under the English bankruptcy or insolvency acts. It would also pass to the assignee of Thompson under an assignment by virtue of the title of the revised statutes relative to the assignment of the estates of non-resident, absconding, insolvent or imprisoned debtors. (1 R. S. 735, § 104.) In Graves V. Dolphin, (1 Sim. Rep. 66,)…
2Cited by46 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- Graff v. . BonnettNew York Court of Appeals · 1865
- Bergmann v. . LordNew York Court of Appeals · 1909
- Campbell v. . FosterNew York Court of Appeals · 1866
- In Re the Estate of RosenbergNew York Court of Appeals · 1935
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