51 P. 752 | Idaho | 1898
The appellant, as administrator of the estate of Milton Kelly, deceased, brings action to subject to adminis
The plaintiff brought his action under the provisions of section 5558 of the Revised Statutes, which section provides, inter <alia, that “when there is a deficiency of assets in the hands of an executor or administrator, and when the decedent in his lifetime has conveyed any real estate or any rights or interest therein with intent to defraud his creditors, or avoid any right, debt or duty of any person,” etc., the same shall be void. There is neither claim nor pretense that the decedent, in making the conveyance in question, had any intent to defraud anyone. He •conveyed the property to his daughter, and the schedule of indebtedness of the decedent shows that, out of $5,954.06 of such indebtedness, $5,348.28 is made up of claims of contesting heirs.