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eBook details

• Title: Melvin G. Morse v. Ralph Andrews
• Author : Supreme Court of Vermont
• Release Date : January 06, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This is a proceeding in equity, under the provisions of P. L. 2883, brought by the plaintiff as administrator of the estate of Lurettie Morse, deceased, seeking to set aside a conveyance of certain real and personal property made by the decedent shortly before her death, and alleged to have been in fraud of her creditors. The cause comes up on the plaintiff's exception to the ruling of the chancellor sustaining in part the defendant's demurrer to the bill of complaint. It has been passed to this court before final judgment in accordance with P. L. 2072 and No. 34, Acts of 1941. The only issue presented by the exception relates to the conveyance of the real estate. These are the material allegations of the bill of complaint: Lurettie Morse, a widow, died on December 14, 1940, and at the time was indebted to various creditors. On November 12, 1940, while suffering from an illness which she knew would shortly be fatal, she executed and delivered to the defendant, her grandson, a warranty deed of her unincumbered dwelling house, of the value of $800. which was then exempt from attachment as a homestead, reserving to herself the use and possession of the granted premises during the remainder of her lifetime. On the same day the defendant executed a written instrument whereby he agreed that when he should come into possession he would rent the premises to Robert Morse and Zelma Dugar, the foster children of Lurettie Morse, for the sum equal to the taxes, insurance and necessary repairs thereon. Both the deed and the written agreement were recorded in the land records of the town of Woodbury on November 14, 1940. The deed was given without adequate consideration for the purpose of defeating the just claims of the creditors of Lurettie Morse.

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