Legal Opinion
In re the Estate of Caplan
New York Surrogate's Court
Decided August 24, 1949PublishedCited by 6 opinions
1Opinion of the Court
Frankenthaler, S.
This is an application for an order enjoining further use of assets alleged to have been transferred by deceased to his widow in fraud of creditors. Under the pro*632visions of section 19 of the Personal Property Law, an executor “ may, for the benefit of creditors or others interested in personal property,” disaffirm and treat as void any fraudulent act done or transfer of property made by a deceased debtor (McQuaide v. Perot, 233 N. Y. 75), and such transferee “ is liable to such executor * * * for the same or the value thereof ” and for damages.
The executor asserts that at the…
2Cases cited10 opinions
- Chesebro v. . MoersNew York Court of Appeals · 1922
- In re the Estate of WeinbergNew York Surrogate's Court · 1937
- In re the Estate of HaberNew York Surrogate's Court · 1934
- In re AshnerAppellate Division of the Supreme Court of the State of New York · 1930
- In re the Estate of BuntingAppellate Division of the Supreme Court of the State of New York · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Marine Midland Bank v. Portnoy (In Re Portnoy)United States Bankruptcy Court, S.D. New York · 1996
- Baron v. Klutchko (In Re Klutchko)United States Bankruptcy Court, S.D. New York · 2005
- Power v. LoonamNew York Supreme Court · 1966
- In re the Accounting of TerryNew York Surrogate's Court · 1956
- In re the Estate of MeyersonNew York Surrogate's Court · 1961
1 more not listed; retrieve them via the Exa API.