In re Burnstine

Citations

• 131 F. 828
• 1903 U.S. Dist. LEXIS 12

Syllabus

<p>1. Death by Wrongful Act — Claims—Assignability.</p> <p>Under the Michigan act (Comp. Laws, § 10,427) relating to death by wrongful act, providing that an action may be brought by an administrator, but that the recovery shall pass to decedent’s next of kin, a father being entitled to the entire recovery for the wrongful killing of his son, his right thereto constituted assets belonging to his estate in bankruptcy, within Bankr. Act July 1, 1898, § 70, subd. 5, 30 Stat. 506 [U. S. Comp. St. 1901, p. 3451],</p> <p>2. Same — ■Transfer.</p> <p>Where a bankrupt, prior to his adjudication, orally transferred to his wife a claim against a railroad company for the wrongful killing of his son, in consideration of her payment of the funeral expenses and costs of a tombstone for deceased, such transfer, not having been inspired by-fraud, was valid to the extent it was accepted as security for the amount paid by the wife, and hence the husband’s trustee in bankruptcy was only entitled to an assignment of the claim on payment of the amount expended by the wife on the faith thereof.</p>