Mesmer v. Jenkins

Sharpstein, J.:

The first question which the record suggests is: Can the creditors of the insolvent estate of a deceased person maintain an action against the administrator of such estate, and others, pending administration, to compel him and them to transfer to the estate, real property to which he has, for himself, and them, obtained the legal title, in such a Way as to raise a constructive trust in favor of the estate? In other words, have the plaintiffs in this case the legal capacity to sue?

If the decedent in his life-time had conveyed any part of his real estate, with intent to defraud…