Roberts ex rel. Lyon v. Broom

Citations

• 1 Del. Ch. 388

Syllabus

<p>An executor and trustee under a will, having in his hands funds bequeathed to legatees on certain trusts, purchased real estate. Subsequently to the purchase, sundry judgments were recovered against the trustee, which became liens upon the real estate so purchased. The trustee afterwards becoming insolvent, some of the legatees, whose legacies remained unpaid,filed a bill in equity, alleging that the real estate had been purchased with the trust funds, and claiming that a trust resulted to the unpaid legatees. Neld, that the evidence was not sufficient to prove that the trust funds were applied to the purchase. But held also, that supposing the trust funds were so applied, and that a trust resulted therefrom, as between the legatees and the trustee and Ms assigns, yet that such trust could not avail against the legal rights of the judgment creditors.</p>