Wolff's Estate

Citations

• 52 Pa. Super. 241
• 1913 Pa. Super. LEXIS 237

Syllabus

<p>Decedents’ estates—Lien of debts—Bringing suit within two years— Fraudulent conveyance—Setting aside conveyance—Raising of fund— Distribution.</p> <p>1. Where a person makes a conveyance of land in fraud of his creditors, and the fraudulent grantee mortgages the land to an innocent mortgagee, and thereafter and within two years after the death of the grantor, the land is sold under foreclosure proceedings for an amount in excess of the mortgage, such excess is distributable among all of the creditors of the deceased grantor although some of them had not brought suits within two years of the decedent’s death. The foreclosure sale discharged the lien of all of decedent’s debts on the land, and the lien was transferred to the fund. No suit or process was necessary to enforce or continue such lien.</p> <p>2. Where, in such a case, the payment of the excess over the mortgage to the decedent’s executor rather than to the fraudulent grantee, mortgagor, was brought about by a bill in equity filed by certain of the creditors, the fund will be distributable, after deduction of the costs of the equity suit, amongst all of the creditors, although some of them may have refused to join in the equity suit.</p>