Legal Opinion
In re the Judicial Settlement of the Account of First Trust & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 1939PublishedCited by 4 opinions
1Opinion of the Court
Decree so far as appealed from affirmed, without costs. Memorandum: For a valuable consideration Lewis E. Ireland, in October, 1936, orally assigned to the respondent a legacy which had been bequeathed to him under the will of Emma Eckel, deceased. Such an assignment is valid. (Thurber v. Chambers, 66 N. Y. 42, 49; Hinkle Iron Co. v. Kohn, 229 id. 179, 183; Matter of Kitching, 141 Misc. 704, 706.) Ireland was adjudicated a voluntary bankrupt on May 3, 1937. There is no proof that respondent knew, or had reason to believe, that Ireland was insolvent in October, 1936. Hence the transfer was not…
2Cases cited4 opinions
- Carey v. DonohueSupreme Court of the United States · 1916
- Thurber v. . ChambersNew York Court of Appeals · 1876
- In re the Estate of KitchingNew York Surrogate's Court · 1931
- In re BeedeDistrict Court, N.D. New York · 1905
3Cited by4 opinions
- In re the Estate of HoffmanNew York Surrogate's Court · 1980
- In re the Estate of GrayNew York Surrogate's Court · 1961
- In re the Estate of PalmerNew York Surrogate's Court · 1967
- In re the Will of KirkwoodNew York Surrogate's Court · 1944