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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

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