New York Court of Appeals

Annette B. Wetmore, Respondent v. Sarah Taylor Wetmore

May 26, 1896149 N.Y. 520

Summary

The New York Court of Appeals affirmed the lower court's judgment ordering the trustee of a testamentary trust for William B. Wetmore to apply surplus income to satisfy the plaintiff's alimony, holding that the plaintiff is a creditor under §51 of the Revised Statutes and that the trust remains valid; the judgment was modified to permit the husband to seek leave to share in trust income if his circumstances change.