(Download) "State Ex Rel. Redle v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Redle v. District Court
- Author : Supreme Court of Montana
- Release Date : January 29, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
EXECUTORS AND ADMINISTRATORS — FRAUD AND DECEIT — STATUTES. 1. Executors and Administrators — Competency to serve as administratrix. The fact that decedents widow asserts claim to property which others contend belongs to his estate does not render her on her nominee incompetent to serve as administratrix; and likewise fact that nominee of widow asserts claim against estate is no ground of disqualification. 2. Executors and Administrators — Widow because of her claim ought not to be appointed administratrix. When litigation arises between decedents widow and his estate or its creditors, and estate is insolvent, her interests are so antagonistic to those of estate and creditors that she ought not to be appointed administratrix, nor should she be permitted to appoint some one else to so serve. 3. Executors and Administrators — Nomination by widow of administrator not proper. Intestates widow, to whom intestate had allegedly made conveyances for purpose of cheating and defrauding creditors, would not be entitled to nominate administrator. 4. Executors and Administrators — Parties to action. It is not necessary that executor or administrator be made party to action, under Uniform Act, to set aside fraudulent conveyance; but he is a proper party to such action. 5. Executors and Administrators — Questioning fraudulent conveyances. Uniform Fraudulent Conveyance Act does not provide exclusive method of questioning fraudulent conveyances; there having been no repeal of special statutes relating to conveyances in lifetime of decedent whose estate is in hands of executor or administrator and is insufficient to meet claims of creditors. 6. Executors and Administrators — Right of creditors. Creditors have right to resort to special statutes, relating to conveyances made by decedent whose estate is insufficient to meet claims of creditors, and to cause executor or administrator to commence and prosecute such action.
 "State Ex Rel. Redle v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}