New York Court of Appeals

William T. Graff v. Patience Bonnett and Others, Executors, &C., of Peter Bonnett…

January 5, 186531 N.Y. 9

Summary

The New York Court of Appeals affirmed the Superior Court's judgment granting the defendants' demurrer, holding that the plaintiff's complaint failed to state a cause of action to recover interest from the trust. The court reasoned that statutes exempt trust property created by a third party from creditor claims and that the complaint omitted necessary averments of surplus beyond support.