# Bankr. L. Rep. P 69,793 in Re William H. Edgar, Debtor. Lansing J. Roy, Trustee v. William H. Edgar

> Court of Appeals for the Eleventh Circuit · March 30, 1984 · 728 F.2d 1371

URL: https://www.frixlaw.com/law-library/cases/9471874

## Case

- **Full name:** In Re William H. EDGAR, Debtor. Lansing J. ROY, Trustee, Plaintiff-Appellee, v. William H. EDGAR, Defendant-Appellant
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** March 30, 1984
- **Citations:** 728 F.2d 1371; 1984 U.S. App. LEXIS 24025
- **Precedential status:** Published
- **Opinion:** Dissent by Anderson
- **Judges:** III, Johnson, Anderson, Tuttle
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

R. LANIER ANDERSON, III, Circuit Judge,
dissenting:
I respectfully dissent. Thornton v. Scarborough, 348 F.2d 17 (5th Cir.1965), indicates that the term “vests” in the statute is not a word of art; rather, the term means simply “was acquired.” I would hold here that the income distributed to the bankrupt-appellant within six months of his bankruptcy “was acquired” at the time of the distribution. To hold that the bankrupt “acquired” his interest only at the time of his father’s death, as the majority does, is to treat the term as a word of art in violation of the Thornton rationale. Under archaic principles of the common law of property, the bankrupt’s interest may well have “vested” at the date of his father’s death in 1957, or perhaps in 1932 when his grandfather died. I respectfully suggest, however, that the common understanding of the term “acquire” would indicate that the bankrupt “acquired” the property upon distribution.
Because I would also conclude that the income distribution was acquired by bequest or inheritance, I would affirm the judgment of the district court.
I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471874. Public record. Not legal advice.