State Codes and Statutes

Statutes > New-york > Rpp > Article-8 > 268

§  268.  Disaffirmance  of  fraudulent  act by executor and others. An  executor, administrator, receiver, assignee or other trustee,  may,  for  the  benefit of creditors, or of others interested in real property held  in trust, disaffirm, treat as void and resist any act done  or  transfer  or  agreement  made  in  fraud  of the rights of any creditor, including  himself, interested in  such  estate  or  property;  and  a  person  who  fraudulently  receives, takes, or in any manner interferes with the real  property of a deceased person, or an insolvent corporation, association,  partnership, or individual, is liable to such  executor,  administrator,  receiver  or  other  trustee for the same, or the value thereof, and for  all damages caused by such act to the trust estate.   A  creditor  of  a  deceased  insolvent  debtor,  having  a  claim  or  demand exceeding one  hundred dollars against such deceased, may, for the benefit of creditors  or others interested in the real property of such  deceased,  disaffirm,  treat  as  void,  and  resist  any  act  done or conveyance, transfer or  agreement made by such deceased in fraud of the rights of any  creditor,  including  himself,  and  may  maintain an action to set aside such act,  conveyance, transfer or  agreement,  without  having  first  obtained  a  judgment  on  such  claim  or  demand; but the same, if disputed, may be  established on the trial. The judgment in such action  may  provide  for  the  sale  of  the  premises  or property involved, when a conveyance or  transfer thereof is set aside, and that the proceeds thereof be  brought  into  court or paid into the proper surrogate's court to be administered  according to law.

State Codes and Statutes

Statutes > New-york > Rpp > Article-8 > 268

§  268.  Disaffirmance  of  fraudulent  act by executor and others. An  executor, administrator, receiver, assignee or other trustee,  may,  for  the  benefit of creditors, or of others interested in real property held  in trust, disaffirm, treat as void and resist any act done  or  transfer  or  agreement  made  in  fraud  of the rights of any creditor, including  himself, interested in  such  estate  or  property;  and  a  person  who  fraudulently  receives, takes, or in any manner interferes with the real  property of a deceased person, or an insolvent corporation, association,  partnership, or individual, is liable to such  executor,  administrator,  receiver  or  other  trustee for the same, or the value thereof, and for  all damages caused by such act to the trust estate.   A  creditor  of  a  deceased  insolvent  debtor,  having  a  claim  or  demand exceeding one  hundred dollars against such deceased, may, for the benefit of creditors  or others interested in the real property of such  deceased,  disaffirm,  treat  as  void,  and  resist  any  act  done or conveyance, transfer or  agreement made by such deceased in fraud of the rights of any  creditor,  including  himself,  and  may  maintain an action to set aside such act,  conveyance, transfer or  agreement,  without  having  first  obtained  a  judgment  on  such  claim  or  demand; but the same, if disputed, may be  established on the trial. The judgment in such action  may  provide  for  the  sale  of  the  premises  or property involved, when a conveyance or  transfer thereof is set aside, and that the proceeds thereof be  brought  into  court or paid into the proper surrogate's court to be administered  according to law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-8 > 268

§  268.  Disaffirmance  of  fraudulent  act by executor and others. An  executor, administrator, receiver, assignee or other trustee,  may,  for  the  benefit of creditors, or of others interested in real property held  in trust, disaffirm, treat as void and resist any act done  or  transfer  or  agreement  made  in  fraud  of the rights of any creditor, including  himself, interested in  such  estate  or  property;  and  a  person  who  fraudulently  receives, takes, or in any manner interferes with the real  property of a deceased person, or an insolvent corporation, association,  partnership, or individual, is liable to such  executor,  administrator,  receiver  or  other  trustee for the same, or the value thereof, and for  all damages caused by such act to the trust estate.   A  creditor  of  a  deceased  insolvent  debtor,  having  a  claim  or  demand exceeding one  hundred dollars against such deceased, may, for the benefit of creditors  or others interested in the real property of such  deceased,  disaffirm,  treat  as  void,  and  resist  any  act  done or conveyance, transfer or  agreement made by such deceased in fraud of the rights of any  creditor,  including  himself,  and  may  maintain an action to set aside such act,  conveyance, transfer or  agreement,  without  having  first  obtained  a  judgment  on  such  claim  or  demand; but the same, if disputed, may be  established on the trial. The judgment in such action  may  provide  for  the  sale  of  the  premises  or property involved, when a conveyance or  transfer thereof is set aside, and that the proceeds thereof be  brought  into  court or paid into the proper surrogate's court to be administered  according to law.