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Tolles v. Wood

Court of Appeals of the State of New York
Apr 21, 1885
99 N.Y. 616 (N.Y. 1885)
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Summary

In Tolles v. Wood, (1885) supra, it was held that sums paid by the trustee as interest on certain debts of the beneficiary, and on life insurance policies given to secure certain of his debts, were not necessary for the support of the beneficiary.

Summary of this case from Canfield v. Security-First Nat. Bank
See 4 Summaries

Opinion

Argued March 9, 1885

Decided April 21, 1885

Flamen B. Candler for appellants.

Edgar A. Turrell for respondent.

RUGER, Ch. J., reads for affirmance of judgment; EARL, J., concurs; RAPALLO, ANDREWS and MILLER, JJ., concur on last ground; DANFORTH and FINCH, JJ., dissent.

Judgment affirmed.

Summaries of

Tolles v. Wood

Court of Appeals of the State of New York
Apr 21, 1885
99 N.Y. 616 (N.Y. 1885)

In Tolles v. Wood, (1885) supra, it was held that sums paid by the trustee as interest on certain debts of the beneficiary, and on life insurance policies given to secure certain of his debts, were not necessary for the support of the beneficiary.

Summary of this case from Canfield v. Security-First Nat. Bank

In Tolles v. Wood (99 N.Y. 616) the action was brought by a judgment creditor in equity to procure the payment of his judgment out of the surplus income beyond what was necessary for the suitable support and maintenance of the cestui que trust and it was held that he could recover, inasmuch as it was determined that the surplus was sufficient to pay such judgment.

Summary of this case from Matter of Williams

In Tolles v. Wood (16 Abb. N.C. 1, 13) RUGER, Ch. J., seems to have been of the opinion that, aside from proof as to the actual cost of living to a party, the best, if not the only competent proof to be given on the subject, was evidence as to the amount and cost of the various items going to make up the expense of living in the locality of the debtor to a person in his position.

Summary of this case from Bunnell v. Gardner

In Tolles v. Wood, 99 N.Y. 616, it was said: "The disposition of such an income cannot be anticipated by the cestui que trust or incumbered by any contract entered into by him providing for its pledge, transfer or alienation previous to its accumulation," citing various cases.

Summary of this case from Estate of Valentine
Case details for

Tolles v. Wood

Case Details

Full title:SAMUEL TOLLES, Respondent, v . W. STANARD WOOD et al., as Trustees, etc.…

Court:Court of Appeals of the State of New York

Date published: Apr 21, 1885

Citations

99 N.Y. 616 (N.Y. 1885)
1 N.E. 251

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