Close v. Benjamin

Citations

• 5 Sadler 510
• 9 A. 51

Syllabus

<p>A voluntary conveyance to a child by a father who is indebted at the timéis not ipso facto fraudulent and void, under the statute of 13 Eliz. chap. 5.. If the grantor had other property at the time or was otherwise of sufficient, ability to pay all his debts, it is for the jury to say whether there was any-design to defraud creditors, and if there was not, the conveyance is valid.</p> <p>One who was sick in bed and expected to die was advised by counsel to-convey his property by deed instead of devising it by will. -Accordingly he conveyed his real estate to his son and died. He had at the time more than enough money in bank to pay his debts. After his death a creditor (who. had obtained,, after the conveyance, judgment for a. pre-existing debt) sold the land in execution as the property of the father, bought it in and brought ejectment for it against the son. Held, that the question whether the conveyance was intended to defraud creditors or not was properly submitted to the jury.</p> <p>Note. — If sufficient property be retained by a grantor to satisfy his indebtedness, the conveyance is good, though voluntary. Collins v. Cronin, 117 Pa. 35, 11 Atl. 809; Wilson v. Iiowser, 12 Pa. 109; Miller v. Pearce, 6 Watts & S. 97; Posten v. Posten, 4 Whart. 27.</p>