Harvey v. McDonnell
New York Supreme Court
Appeal from special term, Montgomery county. This is an action brought by a simple contract creditor of John McDonnell, deceased, against his administrators for the purpose of declaring fraudulent, as against creditors, a certain conveyance of real estate, made by McDonnell in his life-time to one O’Brien, and a conveyance of the same made by O’Brien to said defendant McDonnell; also to recover from said Lucy McDonnell certain life insurance premiums paid by said McDonnell…
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Appeal from special term, Montgomery county. This is an action brought by a simple contract creditor of John McDonnell, deceased, against his administrators for the purpose of declaring fraudulent, as against creditors, a certain conveyance of real estate, made by McDonnell in his life-time to one O’Brien, and a conveyance of the same made by O’Brien to said defendant McDonnell; also to recover from said Lucy McDonnell certain life insurance premiums paid by said McDonnell in his life-time on policies upon his life, payable to said Lucy at his death, as also equitably belonging to his estate.…
1Opinion of the CourtLearned, P. J.
The appellant admits that, if McDonnell were living still, an action could not be maintained except by a judgment creditor; but he urges that both before and since the statute of 1858, c. 314, that the administrators might have brought this action; hence that, on their refusal so to do, he, as one of the eestuis que trustent, may bring it, making the administrators parties. We do not think it important to examine the rights of administrators in this respect prior to the act of 1858; and we may notice, in passing, that that act speaks of “estate or property so held in trust;” and, again, of…
2Cases cited13 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Dewey v. . MoyerNew York Court of Appeals · 1878
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3Cited by2 opinions
- Rousseau v. BleauNew York Supreme Court · 1890
- National Bank of West Troy v. LevyNew York Supreme Court · 1888