New York Court of Appeals

Belle C. Schenck, Respondent v. William D. Barnes, Appellant, Impleaded With Henry W. Taft

June 7, 1898156 N.Y. 316

Summary

The Court affirmed the Appellate Division's order, holding that a debtor's life interest in a trust he created is subject to the claims of subsequent judgment creditors and may be sold or applied to satisfy a judgment. The decision rests on the interpretation of the Revised Statutes, which do not shield such interests, and the Court limited its review to the questions actually decided by the lower court. The opinion notes that certified questions are reviewable only to the extent they were determined below. Justice Bartlett's dissent argues for a narrower application, while a concurrence agrees with the majority's reasoning.