Skehan v. Larkin

In this proceeding in error many grounds of reversal are urged, and among them the claim is made that the property received was not assets of the estate, and, if so, that no assets of the estate of decedent were concealed, embezzled, or conveyed away by plaintiff in error. That contention is well founded. The personal property claimed to have passed by way of gift was not, under the circumstances in the case, assets of the decedent’s estate. There only passed to the personal representative of the decedent a right of action to set aside the alleged transfers or gifts and recover the property,…