In the Matter of the Accounts of Catharine Donnelly, Admin'x of the Estate of Philip C. Donnelly, Dec'd V. 1

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1 In the Matter of the Accounts of Catharine Donnelly, Admin'x of the Estate of Philip C. Donnelly, Dec'd 1854

handle is hein.trials/adje0001 and id is 1 raw text is: In the matter of the accounts rf Catharine Donndly,
Admin'z of the Estate of Pinlzp C. Donnelly, deed.
The Auditor errd in deciding that the Deed of 10th
Decem. 18:31, from Philip C. Donnelly to Thomas
Traynor, in trust for his wife Calharine and her
'children, to be void as against creditors.
The Auditor seems to have regarded this as a transfer by
the decedent, of a portion of his own property in
trust for his wife, at a time when he was insolvent
and under circumstances which made it fraudulent
Whereas, on the contrary, the. property was and has
always continued to be the seperate property of
the Wife.
It was derived from the father, John Gavin, by will, and
was not in her possession at the time the deed was
made. John Gavin died in 1824. By his will (see
Auditor's report p. 4.) he gave his wife for life and
widow-hood. all his estate, and to his daughter
Catharine, his two frame houses on 5th Street.
Mrs. Donnelly states, (see p. 19 of testimony,) that
she did not get possession of them until after her
mother's death, which was in 1833, so that in 1R31
the date of th, deed, neither she nor her husband
had possession of the property. This property
was therefore a chose in action of the wife, in no
way reduced into possession by the husband.
Now in transferring, his interest in that property to
trustees for the benefit of the wife, the husband
was in truth transferring nothing whatever. It
was the unreduced property of the wife; his
interest in it was worth nothing; it was at most