Potts

This is an appeal from a judgment of nonsuit. The action was brought to set aside, as a fraud upon creditors, a trust executed voluntarily by the decedent, Mary Potts, in her lifetime, to the defendant Oakland Bank of Savings. By the terms of the writing she transferred to the bank the sum of $3,245, and made provision therein for medical attention and medicines during her life, for the payment of the expenses of .her last illness and funeral, and for the disposition after her death of the remainder of the fund among certain of her relatives. There was also a provision for the payment during her life to her niece, Mrs. Hottel, of the sum of forty dollars per month. This amount, it seems, was for the support of Mrs. Potts, and it was collected monthly by the niece and paid to, or for the benefit of, the trustor.

At the time of the transfer of the moneys to the bank Mrs. Potts was well advanced in years, had reached a state where she could not be left alone, and the neighbors had suggested that she go to an old ladies’ home. She, however, wanted her niece to take care of her, and, apparently the better to secure proper care and treatment, made her the sole beneficiary of the trust…