Hull v. Farmers’ Loan & Trust Co., 245 U.S. 312 (1917)

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Hull v. Farmers’ Loan & Trust Company

No. 66

Argued November 19, 1917
Decided December 10, 1917
245 U.S. 312

ERROR TO THE SUPREME COURT

OF THE STATE OF NEW YORK

Syllabus

A New York testator bequeathed a fund in trust to pay the income to his son during life, with remainder over to others, subject to the condition that the principal also be paid to the son whenever he became able to pay his just debts and liabilities from other resources -- a condition recognized as valid by the law of New York. The son secured his discharge in bankruptcy, whereupon the principal was paid over to him by order of the Surrogate Court. Held that no right to the principal passed to his trustee in bankruptcy under the Bankruptcy Act, § 70a(5).

155 App.Div. 633, 213 N.Y. 315, affirmed.

The case is stated in the opinion.