New York Court of Appeals

Malcolm Campbell v. . Mary E. Foster, Anthony Hoguet and Andrew C. Getty, Trustees, C., of Mary E. Foster.

March 5, 186635 N.Y. 361

Summary

The Court affirmed the Supreme Court's judgment dismissing the plaintiff's complaint. It held that a beneficiary's interest in a trust created by a third person is exempt from a creditor's bill, that a receiver appointed in supplementary proceedings cannot sue to reach that interest, and that any surplus income not needed for the beneficiary's support is not subject to the creditor's claim absent proof of such surplus.