Legal Opinion

In re Day

District Court, M.D. Tennessee

Decided May 8, 1909No. 1,909PublishedCited by 1 opinion

In the matter of Mary Day, bankrupt. On petition of receiver to review an order of the referee.

1Opinion of the Court

SANFORD, District Judge.

I am of opinion that the proceeds of the life insurance policies in question are subject to the claims of the creditors of the firm of which Mrs. Day, the bankrupt, was a partner, and do not constitute a trust fund held by her for the benefit of herself and children, free from the claims of such creditors. ,

1. It is unnecessary to determine whether the proceeds of the policies taken out by R. E. Day on his life in favor" of his wife, which did not accrue until after his death, at a time when she was a feme sole, became her technical separate estate under the doctrine…

2Cases cited3 opinions

  1. Handwerker v. DiermeyerTennessee Supreme Court · 1896
  2. Burk v. PlattIndiana Supreme Court · 1882
  3. Theus v. DuggerTennessee Supreme Court · 1893

3Cited by1 opinion

  1. McLemore v. Huffines (In Re Huffines)District Court, M.D. Tennessee · 1985

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