Park v. Matthews

Supreme Court of Pennsylvania

Park v. Matthews

36 Pa. 28

CourtSupreme Court of Pennsylvania

DecidedJuly 1, 1859

StatusPublished

Cited by3 cases

This text of 36 Pa. 28 (Park v. Matthews) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Park v. Matthews, 36 Pa. 28 (Pa. 1859).

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Opinion

The opinion of the court was delivered by

Black, C. J.

Testatrix bequeathed $5000 to her brother, to be received and held by trustees, and the interest or proceeds to be annually paid over to the legatee for his use and benefit. The legatee’s creditor attached the interest.

We hold that it was attachable, because it was his, in law and equity. If the trustees had withheld it from him, he could have sued for and recovered it. Wherever a party has a right of action, his creditors may attach the debt, unless it be for wages.

Judgment affirmed.

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The opinion of the court was delivered by

Black, C. J.

Testatrix bequeathed $5000 to her brother, to be received and held by trustees, and the interest or proceeds to be annually paid over to the legatee for his use and benefit. The legatee’s creditor attached the interest.

We hold that it was attachable, because it was his, in law and equity. If the trustees had withheld it from him, he could have sued for and recovered it. Wherever a party has a right of action, his creditors may attach the debt, unless it be for wages.

Judgment affirmed.

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Bluebook (online)

36 Pa. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-v-matthews-pa-1859.

Opinion

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