Brearley School, Limited, Respondent v. Beverley Ward, Appellant

Summary

The Court affirmed that an execution under the 1908 amendment to section 1391 of the Code of Civil Procedure may be issued against ten percent of the income of a trust fund created before the amendment, holding that the statute diminishing exemption does not impair any contract and is constitutionally valid. The dissent argued that applying the statute retroactively violates due process and the beneficiary's vested property rights.