Seymour v. McAvoy
Citations
- 121 Cal. 438
- 53 P. 946
- 1898 Cal. LEXIS 929
Syllabus
<p>Creditor’s Bill—Equitable Lien—Priority—Parties.—A judgment creditor, by filing a bill to subject equitable assets to the payment of his judgment, acquires an equitable lien on such assets, and a priority over any other creditor who has not already filed such a bill. Other-judgment creditors who have not filed such a bill, are not necessary parties to the action, and it is not error to refuse to bring them in as parties thereto.</p> <p>Trust Under Will—Support of Beneficiaries—Estate Vested Prior to Code—Rules of Common Law.—Where the estate of the trustees of a trust created under a will, and the rights of beneficiaries to support out of the income of the trust estate, were vested by the death oí the testator prior to the adoption of the codes, the provisions of the Civil Code cannot have any retroactive effect to divest any of their rights. There being no statute in force upon the subject at the testator’s death, the case must be decided in accordance with the rules of the common law; and in ascertaining those rules resort may he had as well to the decisions in other states possessing the common law, as to those of the English courts.</p> <p>Id.—Support Oct of Income—Nonsubjection to Creditors.—By the great weight of authority in America, it is settled that the author of a trust to pay or apply for the benefit of another the income of property or a portion of such income, may lawfully provide that the interest of the beneficiary shall not be assignable, or shall not be subject to the claims of creditors. Such provision need not be express; but may be implied from the general intention of the donor, to be gathered from the terms of the trust, in the light of all the circumstances.</p> <p>Id.—Support of Widow and Daughters—Contingent Interests—Accumulation of Income—Discretion of Trustee—Implication as to Creditors. Where by the terms of a will establishing trusts, the only right of the widow is to a support for life out of one-half of the income, and the only ri
Judges: Fleet, Temple
Read full opinion on CourtListenerCited by
27 cases in this archive cite this case; the 20 most cited are listed.
- Lake v. Wal-Mart Stores, Inc.Supreme Court of Minnesota· 1998-07-30· cited 108×
- Estate of MadisonCalifornia Supreme Court· 1945-05-31· cited 104×
- Coast Bank v. MinderhoutCalifornia Supreme Court· 1964-05-21· cited 101×
- Canfield v. Security-First National BankCalifornia Supreme Court· 1939-03-01· cited 62×
- Carmack v. ReynoldsCalifornia Supreme Court· 2017-03-23· cited 43×
- Kelly v. KellyCalifornia Supreme Court· 1938-06-01· cited 36×
- Estate of BodgerCalifornia Court of Appeal· 1955-01-26· cited 26×
- Lackmann v. Department of Mental HygieneCalifornia Court of Appeal· 1958-01-14· cited 26×
- Sherman v. HavensSupreme Court of Kansas· 1915-03-06· cited 26×
- Wisden v. Superior CourtCalifornia Court of Appeal· 2004-12-03· cited 17×
- Harrison v. DavisHawaii Supreme Court· 1915-03-04· cited 16×
- Wardley Development Inc. v. Superior CourtCalifornia Court of Appeal· 1989-08-22· cited 15×
- Mattison v. MattisonOregon Supreme Court· 1909-03-02· cited 15×
- Merchants National Bank v. CristSupreme Court of Iowa· 1908-11-23· cited 11×
- Canfield v. Security First National BankCalifornia Court of Appeal· 1935-07-03· cited 10×
- Jones v. HarrisonEighth Circuit· 1925-07-31· cited 10×
- In Re Bucklin's EstateSupreme Court of Iowa· 1952-02-05· cited 10×
- Morrow v. AppleD.C. Circuit· 1928-05-07· cited 8×
- Estate of JohnstonCalifornia Court of Appeal· 1967-07-27· cited 4×
- Estate of DeLanoCalifornia Court of Appeal· 1944-02-07· cited 4×
Cites
10 cases in this archive are cited by this case.
- Nichols v. EatonSupreme Court· 1875-11-29· cited 202×
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court· 1882-06-29· cited 113×
- Jourolmon v. MassengillTennessee Supreme Court· 1887-10-26· cited 82×
- William Hill Co. v. LawlerCalifornia Supreme Court· 1897-03-26· cited 72×
- Lux v. HagginCalifornia Supreme Court· 1886-04-26· cited 61×
- Nichols v. LevySupreme Court· 1867-04-22· cited 35×
- Greenwood v. MurraySupreme Court of Minnesota· 1879-10-29· cited 35×
- Garland v. GarlandSupreme Court of Virginia· 1891-04-30· cited 22×
- Roberts v. StevensSupreme Judicial Court of Maine· 1892-03-10· cited 21×
- Maryland Grange Agency v. LeeCourt of Appeals of Maryland· 1890-03-18· cited 17×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.