Legal Opinion
Sherman v. Tucker
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1901Published
Appeal from special term, New York county. Suit by Charles A. . Sherman against Charles A. Tucker, individually and as executor, etc., of G. W. Tucker,, impleaded, etc. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtO’Bbien, J.
The action is in equity by a creditor to reach the surplus income of a trust fund created for the benefit of Charles A. Tucker, and is brought under section 78 of the real property law (chapter 547, Laws 1896) which provides:
“Where a trust is created to receive the rents and profits of real property and no valid direction for accumulation is given, the surplus of such rents and profits beyond the sum necessary for the education and support of the beneficiary, shall be liable to the claims of creditors in the same manner as other personal property which cannot be reached by execution.”
*851The…
2Cases cited1 opinion
- Dittmar v. De CastellaneAppellate Division of the Supreme Court of the State of New York · 1901