Broadway Bank v. Adams

133 Mass. 170 (1882)

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Nature of the Case

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Facts

D's brother's will created a trust for D's benefit. It gave the sum of seventy-five thousand dollars in trust to invest and to pay the net income thereof, semiannually, to D. The will stated that the payments were to be free from the interference or control of D's creditors, and shall not be anticipated by assignment. After D was deceased, the net income of the said seventy-five thousand dollars shall be paid to his present wife, in case she survives him, for the benefit of herself and all the children of D, in equal proportions. D owed money to Broadway National Bank (P). P wanted to get D's trust income in payment of the debt. However, a clause in the fund stated that the money must be paid personally to D, and could not be voluntarily alienated by D, nor could his creditors reach this fund. P claims that this clause should be void as a restraint against alienation. P filed suit to attach the money to pay a debt due from D.