Truesdell v. Bourke
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by John W. Truesdell, as administrator of the estate of John Fitzgerald, deceased, against Hannie L. Bourke, as executrix of the estate of William J. Bourke, deceased, From a judgment dismissing the complaint, plaintiff appeals.
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Appeal from special term. Action by John W. Truesdell, as administrator of the estate of John Fitzgerald, deceased, against Hannie L. Bourke, as executrix of the estate of William J. Bourke, deceased, From a judgment dismissing the complaint, plaintiff appeals. This action was begun March 2$, 1885, to recover $1,000, with interest from March, 1832, alleged tó have been fraudulently transferred by the plaintiff’s intestate to Kate Fitzgerald, to defraud his creditors, and by her transferred, with like intent, to William J. Bourke. Plaintiff’s intestate died February 28, 1882, hopelessly…
1Opinion of the CourtFollett, J.
This action was begun pursuant to chapter 314 of the Laws of 1858, which provides that an administrator of an insolvent estate may treat as void all transfers made by the intestate in fraud of the rights of creditors, and authorizes the administrator to maintain actions for the recovery of property so transferred. That the estate of John Fitzgerald was largely insolvent, and had been for some time preceding his death, is an undisputed fact. It has always been the rule that a creditor of an insolvent decedent might maintain an action to set aside, as fraudulent, a voluntary conveyance or…
2Cases cited8 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Estes v. . WilcoxNew York Court of Appeals · 1876
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Loomis v. TifftNew York Supreme Court · 1853
- Frazer v. WesternNew York Court of Chancery · 1845
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