Winchester-Simmons Co. v. Cutler

The record presents two questions o£ la.w.

1. If an insolvent legatee receives and applies a portion of the legacy to make improvements upon the land of his wife, can a judgment creditor of such legatee recover from the wife, and if so, what amount?

2. Can such legatee, who is also a coexecutor of the testatrix bequeathing the legacy, deduct from his legacy and pay the amount due the estate of his testatrix by him, and thus exclude a judgment creditor from such amount ?

The defendant Cutler, under previous decision of this Court, was entitled to a legacy of $5,000 in North Carolina bonds from…