Stewart v. McMartin
New York Supreme Court
In Equity. This cause was heard on bill and answer. The bill was an ordinary creditor’s bill, in the usual form. The bill called for a discovery of the defendant’s property, upon oath.
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In Equity. This cause was heard on bill and answer. The bill was an ordinary creditor’s bill, in the usual form. The bill called for a discovery of the defendant’s property, upon oath. The defendant, by her answer, discovered that her father Thomas Bell, of Glasgow, Scotland, ict 1802, conveyed all his property, real and personal, to three trustees, and among-other things, directed his trustees to lend out £500 sterling, upon hcreditable security and to take the securities in their own names for the behoof of his son James Bell, or to make payments of the annual interest thereof to him during…
1Opinion of the Court
By the Court, Paige, P. J.
The first question which arises' upon the pleadings in this cause is, whether the beneficial interest of the defendant in the income of the £500 sterling'directed by' the trust deed of her father, Thomas Bell, to be invested by the trustees named therein, in the event of the death of James Bell' without leaving a widow or lawful issue, is liable to the claims of her creditors, Thomas Bell directed his trustees to lend out £500 sterling, and to take the securities in their names, and to> pay the annual interest thereof to his son James Bell during *441bis life; and in the…
2Cases cited12 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
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- Wood v. WoodNew York Court of Chancery · 1836
- Andrews v. HerriotNew York Supreme Court · 1825
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3Cited by18 opinions
- Ford v. FordWisconsin Supreme Court · 1887
- Graff v. . BonnettNew York Court of Appeals · 1865
- Payne v. . BeckerNew York Court of Appeals · 1881
- Bramhall v. . FerrisNew York Court of Appeals · 1856
- Elmendorf v. . LockwoodNew York Court of Appeals · 1874
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