1 Hoff. Ch. 419 | New York Court of Chancery | 1840
The decision of this cause involves the vexed question of the right of a subsequent creditor to set aside a voluntary settlement.
The debt of the complainant was contracted on the 1st of Novembér, 1837, when a note was given upon a purchase of wine made by the defendant, John B. C. Morris. In March, 1837, directions were left with counsel for the preparation of a settlement of the property in question, in favor of the wife of Morris, and a deed was then prepared
I never met with a- case to which the powerful argument of the Master of the Rolls, in Richards v. Smallwood, (Jacobs, 556,) was so closely applicable. In my Opinion, that argument, with the decisions in Ridgeway v. Underwood, (4 Wash. C. C. Rep. 137,) and Sexton v. Wheaton, (8 Wheaton, 229,) supply the whole law upon the subject. They effectually determine the invalidity of the settlement in question.
The next question is: as to the remedy. Even supposing the estate is wholly contingent, yet under the decisions in Edmeston v. Lyde, (1 Paige, 637,) and Knight v. Weathercox, (7 Paige, 185,) I think that there may be a decree for a sale of the interest of the defendant in the-property settled, all proper parties to join in the conveyance, to he approved of by master, if the parties differ.