Sherman v. Kirshman

District Court, S.D. New York
Sherman v. Kirshman, 261 F. Supp. 858 (1966)
1966 U.S. Dist. LEXIS 7605

Sherman v. Kirshman

Opinion of the Court

COOPER, District Judge.

Pursuant to Rule 69, F.R.Civ.P., plaintiff moves to satisfy a judgment by executing on defendant’s remainder interest in a trust. Motion granted.

New York Civil Practice Law •and Rules, Sec. 5205(d) precludes a creditor from reaching and disrupting trust assets in order to satisfy a judgment of record. However, this does not prevent a judgment creditor from seizing the beneficiary’s remainder interest under the trust. See Bergmann v. Lord, 194 N.Y. 70, 86 N.E. 828 (1908); Matter of Owen’s Estate, 44 Misc.2d 842, 254 N.Y.S.2d 974 (1964); Carolan v. U. S. Trust Co., June 29, 1966 N.Y.L.J., p. 9 col. 6-7 (Sup.Ct. 1966); 2 Scott, Trusts, 1966 Supplement, sec. 155, pp. 40-41.

Respondent trustee is directed to execute and deliver to plaintiff a recordable instrument wherein acknowledgment is made of the seizure and assigning defendant’s remainder interest under the trust to plaintiff.

Settle order on notice.

Reference

Full Case Name
SHERMAN v. KIRSHMAN
Cited By
1 case
Status
Published