Foster v. Foster
| Citation | 133 Mass. 179 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Decision Date | 29 June 1882 |
| Parties | Elizabeth T. Foster v. David W. Foster & others |
Suffolk. Bill in equity, under the Gen. Sts. c. 113, § 2, cl. 11, against David W. Foster, James Wyman and James Foster, to reach and apply, in payment of instalments of alimony due to the plaintiff from James Foster, her former husband, his interest in a trust fund held by the other defendants under the will of John H. Foster, the father of James Foster. The defendants demurred to the bill for want of equity. At the hearing, the demurrer was sustained and the bill dismissed; and the plaintiff appealed to the full court. The material provisions of the will appear in the opinion.
Bill dismissed.
E. S. Mansfield, for the defendants.
F. A. Perry, for the plaintiff.
Assuming that the plaintiff stands in the same position and has the same rights as any other creditor of James Foster, it is clear that this bill cannot be maintained.
The will of John H. Foster, the father of James, creates a trust fund for the benefit of James, but it expressly provides that the trustees may at their discretion pay or apply the income of the fund to the personal benefit or comfort of said James, or such member or members of his immediate family, as the trustees may think proper, and that such income shall not be subject to his debts or assignable by him by way of anticipation. It follows under the decisions of this court, that James took no absolute right in the income which he can assign, or which a creditor of his can reach. Hall v. Williams, 120 Mass. 344. Broadway National Bank v. Adams, ante, 170.
Bill dismissed.
To continue reading
Request your trial
-
Bucknam v. Bucknam
...82 N.H. 216, 132 A. 10;De Rousse v. Williams, 181 Iowa, 379, 382, 164 N.W. 896;Gilkey v. Gilkey, 162 Mich. 664,127 N.E. 715. In Foster v. Foster, 133 Mass. 179, a divoced wife, with a minor child in her custody, having an unsatisfied decree for alimony, brought a bill against James Foster, ......
-
Saltonstall v. Treasurer & Receiver Gen.
...in the trustees to make expenditures themselves for his benefit and withhold the balance of income and add it to the principal. Foster v. Foster, 133 Mass. 179;Brown v. Lumbert, 221 Mass. 419, 108 N. E. 1079;Wright v. Blinn, 225 Mass. 146, 114 N. E. 79. The governing statutes are as follows......
-
Bucknam v. Bucknam
... ... Williams, 181 Iowa, 379, 382 ... Gilkey v. Gilkey, 162 Mich. 664. Erickson v ... Erickson, 197 Minn. 71 ... In Foster v ... Foster, 133 Mass. 179 , a divorced wife, with a minor ... child in her custody, having an unsatisfied decree for ... alimony, brought a ... ...
-
Burrage v. Bucknam
...the testator. In general we prefer the reasoning in Erickson v. Erickson, 197 Minn. 71, 77, 79, 266 N.W. 161,267 N.W. 426. See Foster v. Foster, 133 Mass. 179;Slattery v. Wason, 151 Mass. 266, 23 N.E. 843,7 L.R.A. 393, 21 Am.St.Rep. 448;De Rousse v. Williams, 181 Iowa 379, 382, 164 N.W. 896......