Case Stated by Walter G Hudgins, undated

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Case Stated by Walter G. Hudgins of Bowling Green, to Mr. Holcombe.

Tennent is insolvent, with many judgments agst him, & has been carrying on business in his wife's name.

His wife's father was also insolvent & died so.

Afterwards his wife's grand-father died, & by his will "devised" 1/12 part of his estate to two of his sons, in trust for Tennent's father in law, who died before the testator, leaving Mrs Tennent & another daughter him surviving.

Tennent & wife had not filed a bill "to subject her share of her g fathers estate to her separate use &c."

The question is what is the proper cause for Tennent's creditors to pursue?

Hudgin says he has "put executions in the sheriff's hands."

At the first blush, it appears to me that the rights of the creditors, as well as the mode of proceeding, will depend very much on whether the property, "devised" by Mrs Tennents g father's will be real or personal.

In either case it passes to Mrs T & her sister (...) it could have done to their father, had hesurvived the (...) tor, (V. C. 517. C 122. § 13) and consequently is an equitable estate in fee simple in their (...) legal title being vested in their uncles, the trustees.

Supposing the property to be real.

Last edit 6 months ago by MaryV
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