Brandies v. Cochrane

Citations

• 112 U.S. 344
• 5 S. Ct. 194
• 28 L. Ed. 760
• 1884 U.S. LEXIS 1888

Syllabus

<p>F conveyed to W, as trustee, real estate in Illinois on trust to permit F’s wife to use and occupy and receive the rents and profits during her lifetime and to her own use,'and at any time to convey on the written request of F and the wife, to the person designated, and in case of the wife’s death in the husband’s lifetime to convey to the husband for life with remainder to their children : Held, That, under the laws of Illinois in force when the rights of the parties became fixed, a judgment creditor of F had no lien at law upon his interest in the property, and could acquire one only by filing a bill in equity.</p> <p>At the common law (in force in Illinois when the rights of the parties became fixed), the lion of a judgment against one having a power of appointment, with the estate vested in him until, and in default of, appointment, was liable to be defeated by execution of the power, even though the purchaser had actual notice of the judgment.</p> <p>The general doctrine in equity that where a person has a general power of appointment, and executes this power, the property appointed is deemed, in equity, part of his assets, cannot be intoked to support a claim of a ■ judgment lien at law upon the antecedent estate, which the exercise of the power had displaced.</p>