Chase v. Currier
Supreme Court of New Hampshire
Foreign Attachment. Facts found by the court. The trustee is executor of the will of Lucretia M. Currier, who died February 15, 1883. Her will was proved and allowed, and the trustee appointed executor February 27, 1883. Service of the writ was made upon the trustee February 28, 1883. The defendant was husband of the testatrix, and the trustee was their son. All the affairs of the estate were settled prior to February 28,1883, except the legacy to the defendant.
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Foreign Attachment. Facts found by the court. The trustee is executor of the will of Lucretia M. Currier, who died February 15, 1883. Her will was proved and allowed, and the trustee appointed executor February 27, 1883. Service of the writ was made upon the trustee February 28, 1883. The defendant was husband of the testatrix, and the trustee was their son. All the affairs of the estate were settled prior to February 28,1883, except the legacy to the defendant. The second clause of the will, under which the plaintiff seeks to charge the trustee, is as follows: “I give and bequeath to my…
1Opinion of the CourtAllen, J.
The case finds that the land devised by the defendant’s wife, the proceeds from the sale of which in the hands of the trustee the plaintiff seeks to recover, was purchased with the wife’s own money, and was no part of the defendant’s estate. The defendant contributed largely to the erection of buildings upon the land, and gave any interest he had in the buildings to his wife, at a time when his other visible property wras more than sufficient to satisfy any demands against him, and it is found that the gift was not in fact made in fraud of the defendant’s creditors. Not being made in view of…
2Cited by3 opinions
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Devine v. CoteSupreme Court of New Hampshire · 1968
- Wolfman v. WebsterSupreme Court of New Hampshire · 1913