Sherman v. Kirshman

S.D. New York

Sherman v. Kirshman

261 F. Supp. 858, 1966 U.S. Dist. LEXIS 7605

CourtDistrict Court, S.D. New York

DecidedOctober 28, 1966

DocketNo. 63 Civ. 461

StatusPublished

Cited by1 cases

This text of 261 F. Supp. 858 (Sherman v. Kirshman) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherman v. Kirshman, 261 F. Supp. 858, 1966 U.S. Dist. LEXIS 7605 (S.D.N.Y. 1966).

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Opinion

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.

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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.

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Bluebook (online)

261 F. Supp. 858, 1966 U.S. Dist. LEXIS 7605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-kirshman-nysd-1966.

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