(Download) "Edward T. Brahmey v. Amylitta Gardner" by Supreme Court of New Hampshire # Book PDF Kindle ePub Free
eBook details
- Title: Edward T. Brahmey v. Amylitta Gardner
- Author : Supreme Court of New Hampshire
- Release Date : January 07, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Creditor's Bill. The plaintiff, holding a judgment against Amylitta, seeks its payment from her interest in a fund held in
trust by the other defendant. The trust was created by Amylitta's former husband as part of an agreement for alimony in his
libel for divorce from her. Her interest is set forth in the trust instrument as follows: "Out of the net income of said trust
to pay... five thousand dollars annually, payable monthly, to... [her during life], but upon condition only that said annuity
shall not be assigned, alienated or pledged in any manner, or be subject to attachment or any indebtedness of... . If at any
time the net income... is insufficient to meet the requirements hereunder, then said trustee is authorized to use such part
of the principal of said trust as may be necessary;.... " On hearing, the court (Page, J.) dismissed the bill, and the plaintiff
excepted. There were also exceptions to the admission and exclusion of evidence. As stated in the defendant's brief, the issue presented is whether the provisions of the trust instrument against alienation
and seizure by creditors are valid when the trustee's duty to pay to the beneficiary is absolute. It is conceded that in the
cases of spendthrift trusts hitherto decided here the trustee's obligation to pay is only discretionary. But it is contended
that their thought and reasoning in sustaining a spendthrift character of the trusts therein considered show no difference
in principle when the trustee's duty to pay is fixed and when it is dependent.