166 N.Y. 345 | NY | 1901
This action is brought to compel the defendant trustees to account for the property, effects, income and interest received by them to which the defendant Frank Skuse has title, or in which he has an interest under the will of Francis N. Skuse; and to account for all payments made therefrom by said trustees, and out of any balance remaining in their hands to pay the plaintiff's claim against said Frank Skuse for medical services rendered by the former to the latter. *348
Francis N. Skuse, the father of the defendant, left a will by the sixth, seventh, eleventh, twelfth and thirteenth clauses of which he gave to his sons, the defendants James, Thomas and Richard as trustees, a large amount of real and personal property in trust for the defendant Frank. The direction of the sixth clause of the will is that this property shall be managed and cared for by the trustees and the income, or so much thereof as shall be necessary, they shall use for the support of the testator's son, Frank Skuse, during his life; and the balance, if any, is directed to be safely invested by the executors. Said sixth clause then continues with a direction authorizing said trustees to transfer any or all of said property to said son Frank whenever in their judgment it shall be for his interest to control the same. It also provides that in the event of Frank's death, without having obtained title to said property, it is to be equally divided among the testator's sons, James, John, Thomas and Richard. It is conceded that the trustees have never conveyed to said beneficiary the title to any of the property given to them as trustees. The reason for this form of testamentary provision for the benefit of Frank is found in the undisputed testimony that he is addicted to periodic and excessive indulgence in intoxicants which renders him at times incapable of prudently managing himself or his affairs. The history of the plaintiff's claim is embraced in the following facts. At various times between May 4th, 1894, and August, 1896, the plaintiff, who is a physician, furnished medicines and rendered medical services to the defendant Frank. Under this head the trial court has found "that the services and medicines so rendered and furnished by the plaintiff for the defendant Frank Skuse were rendered and furnished to him for his personal bodily ailments, and were such services and medicines as were proper and necessary to be rendered by the plaintiff to the defendant Frank Skuse as his physician; that such services were partly rendered at the house of the defendant Richard Skuse, who had knowledge thereof, and that they were so rendered upon the request of the defendant Frank Skuse." There were further *349
findings to the effect that the defendant Frank Skuse was insolvent, and that the defendants James, Thomas and Richard, as such trustees, have in their hands unexpended income applicable to the support of the defendant Frank. These findings were not disturbed by the Appellate Division, and are, therefore, binding upon this court. The learned trial court in dismissing the complaint suggested that there are only two forms of action to which these defendants as trustees can be subjected. First. To an action at law upon their undertaking which may be either express or implied; second, to a suit in equity brought by the beneficiary against the trustee to enforce the trust. The opinion of the Appellate Division reversing the judgment of the Special Term, contains expressions which seem to indicate that the reversal is in part based upon the supposed analogy of this case to that class of cases arising upon trusts under which the beneficiary takes title to the income and in which the creditor seeks to have the surplus, if any, applied to the satisfaction of his claim. We are unable to concur in either of these views. The first of these alternatives we need not discuss because this is not an action at law brought upon the promise of the trustees, either express or implied. If this were in a strict sense an action to enforce the trust it would not come within the rule laid down in Female Association v. Beekman (21 Barb. 565), relied upon by the learned trial court in dismissing the complaint. In that case the plaintiff had absolutely no interest in the trust or in the application of the income. Here the plaintiff is directly interested in the enforcement of the trust, and in the application of a part of the income to the payment of his debt, unless it must be held that the plaintiff can only recover against the insolvent beneficiary. Neither can we subscribe to the conclusion of the learned Appellate Division that there is some analogy between the case at bar and the cases of Williams v. Thorn (
The order of the Appellate Division should, therefore, be affirmed and judgment absolute rendered for the plaintiff, upon appellants' stipulation, with costs.
PARKER, Ch. J., GRAY, O'BRIEN, HAIGHT, LANDON and CULLEN, JJ., concur.
Ordered accordingly.