LETTIE A. COPELAND AND I. B. COPELAND, HER HUSBAND, APPELLANTS,
v.
S. H. ROGERS, JR., TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF I. B. COPELAND, BANKRUPT, APPELLEE
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The Florida Supreme Court affirmed a lower court's decision, upholding a trustee in bankruptcy's ability to set aside a fraudulent conveyance made by a bankrupt to his wife, even if made more than four months before the bankruptcy filing.
Yes, a trustee in bankruptcy can set aside a fraudulent conveyance even if it was executed more than four months before the filing of the bankruptcy petition.
“This is a suit brought by a trustee in bankruptcy to set aside a deed of conveyance for certain real estate made by the bankrupt to his wife on the ground that such conveyance was without consideration, that it was executed of covin and collusion by the parties thereto for the purpose of defrauding the creditors of the bankrupt and that such conveyance is therefore fraudulent and void.”
Describes the nature of the lawsuit filed by the trustee.
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Join FLexlaw to unlock all legal intelligenceA trustee in bankruptcy filed suit to void a real estate conveyance from a bankrupt to his wife, alleging it was without consideration, collusive, and…
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West, J.
— This is a suit brought by a trustee in bankruptcy to set aside a deed of conveyance for certain real estate made by the bankrupt to Ms wife on the ground that such conveyance was without consideration, that it was executed of covin and collusion by the parties thereto for the purpose of defrauding the creditors of the bankrupt and that such conveyance is therefore fraudulent and void.
The material allegations of the bill of complaint are denied by the answer of the defendants. After the taking of testimony there was a decree for the complainant.
Upon this appeal the contention is that inasmuch as it appears that the conveyance was executed more than four months before the date of the filing of the petition in bankruptcy that the complainant can not prevail. This court has expressly held to the contrary of this contention, and there being ample evidence in the record to support the decree it is affirmed upon the authority of Beazley v. Coggins, 48 Fla. 215, 37 South. Rep. 213.
Affirmed.
Browne, C. J., and Taylor, Ellis and Whitfield, J. J., concur.
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Chase Fed. Sav. & Loan Ass'n v. George J. Sullivan C.T.A. of the Estate of Mary E. Sutton Sullivan, 127 So. 2d 112 (Fla. 1960)…delivery — not the money, in specie, in the joint fund, but a gift of an undivided interest in the funds, the surrender of an equal right to withdraw the funds, and acceptance by the donee. Cf. McKinnon v. First Nat. Bank of Pensacola, 77 Fla. 777, 82 So. 748, 6 A.L.R. 111; King v. King, Fla.1951, 55 So. 2d 181; Webster v. St. Petersburg Federal Savings & Loan Ass’n, 155 Fla. 412, 20 So. 2d 400. The District Court properly found and the record shows that the proofs submitted in the instant case establis…
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Leta Margaret Spark v. DeVera Ellen Canny, 88 So. 2d 307 (Fla. 1956)…tive intent — is just as relevant to the question here under discussion as it is in cases involving the establishment of a bank account by a person with his own funds in the name of another. Cf. McKinnon v. First Nat. Bank of Pensacola, 77 Fla. 777, 82 So. 748, 6 A.L.R. 111, and King v. King, Fla.1951, 55 So. 2d 181; or in the establishment of a joint bank account by a husband in his and his wife’s names, Cf. Jones v. Ferguson, 150 Fla. 313, 7 So. 2d 464, and Hagerty v. Hagerty, supra, 52 So. 2d 432. A c…
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The N.Y. Life Ins. Co. v. Oates, 141 Fla. 164 (Fla. 1939)…administered” in the courts “by due course of law.” Sec. 4, Declaration of Rights. In Shad v. Smith, 74 Fla. 324, 76 So. 897, the wife was imposed upon and the validity of the conveyance was promptly challenged in the courts. In Wilkins v. Lewis, 78 Fla. 88, 82 So. 762, and in [*184] Phillips v. Lowenstein, .91 Fla. 89, 107 So. 350, the husband did not join the married woman in executing the instrument. Estoppel of the married woman was not an issue in Oliver v. Sperry, 122 Fla. 428, 165 So. 560. Gene…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- D. P. Beasley in Bankruptcy of the Estate of P. S. Coggins v. Coggins, 48 Fla. 215 (Fla. 1904)