Jones v. Randel

Citations

• 2 Del. Ch. 326

Syllabus

<p>A trustee of a fund in which his wife, with others, was interested, having failed to pay over money collected by him on account of the fund— held, that the wife’s share of other money, received by a succeeding trustee on account of the trust fund, was not liable for the unpaid shares of the other eestuis que trust in the money collected by her husband.</p> <p>In such case, the husband’s failure to pay over the money collected by him cannot be taken to be a reduelio ad possessionem of the wife’s share of trust funds then uncollected.</p> <p>The wife’s chose in action, not reduced into the husband’s possession, cannot be taken for the payment of his debt, at law or in equity.</p> <p>Property of the wife cannot, in equity, be taken for payment of the husband’s debt, without subjecting it to her equity, which, under the circumstances of this case, was sufficient to protect the whole fund.</p>