63 N.H. 90 | N.H. | 1884
The case finds that the land devised by the defendant's wife, the proceeds from the sale of which in the hands of the trustee the plaintiff seeks to recover, was purchased with the wife's own money, and was no part of the defendant's estate. The defendant contributed largely to the erection of buildings upon the land, and gave any interest he had in the buildings to his wife, at a time when his other visible property was more than sufficient to satisfy any demands against him, and it is found that the gift was not in fact made in fraud of the defendant's creditors. Not being made in view of existing or impending indebtedness, and the donor having at the time other property open to attachment sufficient to meet all his liabilities, the gift was not fraudulent in law. Abbott v. Tenney,
The bequest of the wife's property was one that she could lawfully make. G. L., c. 183, s. 11.
The defendant's wife, by her will,, gave to him the amount of money that her farm could be sold for, to be prudently used, if needed by him, for his support during the remainder of his life. If not used, or if any should be left after the expenses of his sickness and funeral, it was bequeathed one hundred dollars each to two of her children, and the remainder equally to her five children. If by the will the defendant had taken the land devised, or a life estate in it, the plaintiff could seize any such interest in the land by the levy of an execution. McClure v. Melendy,
The legacy being for a specific purpose, and that purpose a lawful one, the law will not permit its appropriation for a different purpose, and the money and note in the hands of the trustee cannot be taken by process of foreign attachment to pay the general indebtedness of the defendant. Banfield v. Wiggin,
Trustee discharged.
SMITH, J., did not sit: the others concurred.