Stoudt v. Guaranty Trust Co.

The attack on the complaint is twofold. It is asserted first, that plaintiff is without legal capacity to sue, and second, that the complaint fails to state a cause of action. The first objection may well be disposed of by a reference to section 19 of the Personal Property Law. There it is provided that an administrator may for the benefit of creditors treat as void any transfer of property made in fraud of the rights of creditors. The complaint alleges that the change in beneficiary was made at a time when the insured was insolvent and done in fraud of the creditors of his estate. His right…