Exterstein

Allan-Macmaster Co. v. Exterstein

Good Law
126 Cal. App. 757·1932 Cal. App. LEXIS 584·15 P.2d 184
Court of Appeal of CaliforniaOctober 11, 1932Docket No. 4565.California830 words

Opinion

Lead Opinion

Parker, J.

This action was prosecuted by plaintiff against appellant in her proper person and also as the executrix of the last will and testament of H. J. Exterstein, deceased. The purpose of the action was to have restored to the estate of said decedent certain assets out of which to pay debts of the estate. Judgment was for plaintiff and this appeal follows.

The grounds upon which appellant urges a reversal include the sufficiency of the evidence.

The property sought to be restored to decedent’s estate consists entirely of the shares of stock of certain corporations. The trial court found that the said stock was placed in the name of decedent’s wife, appellant herein, at a time when decedent was insolvent and deeply indebted, with numerous unsatisfied judgments standing against him and that no consideration was paid by the wife. Further it was expressly found that the entire scheme of transfer was for the purpose of and with the intent to defraud creditors, existent and subsequent.

The appeal is presented in a more or less general argument with random references and disputatious conclusions on the case as a whole. The conclusions made lack definiteness and are, as respondent claims, in…

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