Clowe v. . Seavey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Hay 31, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Hay 31, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant Elizabeth S. C. Seavey, the bankrupt, under the will of her grandfather, William H. Clement, deceased, possesses a possibility not coupled with an interest. She does not possess an expectant estate, nor a beneficial mterest. (Hamlin v. Osgood, 1 Redf. 409; Clark…
1Opinion of the CourtMiller, J.
This action is brought by a trustee in bankruptcy to set aside a transfer made by Elizabeth S. C. Seavey, the bankrupt, to her mother-in-law of all her right, title and interest, present and future, in and to the estate of her grandfather. She had no other property. The court found upon sufficient evidence that she made the transfer with intent to cheat and defraud creditors, and in effect that it was voluntary except for the sum of $1,000 loaned by the transferee upon the security of it. The court also found that the transferee did not participate in said fraudulent intent. The judgment…
2Cases cited16 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Upington v. . CorriganNew York Court of Appeals · 1896
- Hennessy v. . PattersonNew York Court of Appeals · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- Doctor v. . HughesNew York Court of Appeals · 1919
- In re the Estate of BendheimNew York Surrogate's Court · 1924
- Mann v. Kreiss (In Re Kreiss)United States Bankruptcy Court, E.D. New York · 1987
- West v. . BurkeNew York Court of Appeals · 1916
26 more not listed; retrieve them via the Exa API.