Kelsey v. Webb
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendant Luke S. Webb and by Luke S. Webb and another, as executors,, etc., of Thomas J. Webb, deceased, from an order of the Supreme Court, made at the Franklin Special Term and entered in the office of the clerk of the county of Franklin on the 7th day of January, 1904, appointing a receiver in supplementary proceedings against the defendant Luke S. Webb in the above-entitled action.' The plaintiff obtained a judgment against the defendant in 1901, and the…
Read the full summary
Appeal by. the defendant Luke S. Webb and by Luke S. Webb and another, as executors,, etc., of Thomas J. Webb, deceased, from an order of the Supreme Court, made at the Franklin Special Term and entered in the office of the clerk of the county of Franklin on the 7th day of January, 1904, appointing a receiver in supplementary proceedings against the defendant Luke S. Webb in the above-entitled action.' The plaintiff obtained a judgment against the defendant in 1901, and the same year on the return of an execution unsatisfied commenced a proceeding against said defendant supplementary to said…
1Opinion of the Court
Chase, J.:
No claim is made in this court that the defendant is entitled to commissions or pay for services performed for the estate which can be taken by a receiver for the benefit of the plaintiff, nor is there proof that any equitable or legal claim for commissions or services exists.
Plaintiff claims that the income from the real and personal property left by the defendant’s father to his executors in trust is subject to be taken by the defendant’s creditors. In this he is mistaken. The intention of the testator was, first, to secure the income for the personal support of Ms son, the…
2Cases cited3 opinions
- Hancock v. . SearsNew York Court of Appeals · 1883
- Gibney v. ReillyNew York Supreme Court · 1899
- Bryant v. GrantNew York Supreme Court · 1895
3Cited by1 opinion
- Myers v. RussellNew York Supreme Court · 1908