Bailey v. Banther

Without question, the transfer of legal title from the grandfather to his seven year old grandson in this case was made to avoid the appellant’s potential creditors. In this respect, West Virginia Code § 40-1-1 (1982 Replacement Vol.) provides:

Every gift, conveyance, assignment, or transfer of, or charge upon, any estate, real or personal ... with intent to delay, hinder, or defraud creditors, purchasers, or other persons, of or from what they are or may be lawfully entitled to, shall as to such creditors, purchasers, or other persons, their representatives, or assigns be void....

The fact…