Ohm

I concur in the judgment.

The petitioner is administratrix of the estate of E. F. Ohm, deceased. On March 23,1889, Mrs. Judge filed a petition in the superior court asking for an order directing the administratrix to allow her name to be used in an action to be brought against the surviving wife of the deceased (Augusta L. Ohm), to set aside a conveyance of certain land made by E. F. Ohm in his lifetime to his said wife, with intent to defraud his creditors. It was alleged that at the time of the conveyance E. F. was indebted to sundry persons in the sum of about ninety thousand dollars, including a debt to petitioner of about five thousand dollars; that the conveyance was made without consideration and to defraud creditors; that deceased left no estate—except what was conveyed to his wife as aforesaid — with which to pay the claims of creditors; that the administratrix, though requested to do so, refused to bring suit to set aside the conveyance.

A hearing was had upon the allegations of the peti *547 tion, and the court ordered that Mrs. Judge be allowed to sue in the name of Anna A. Ohm, the administratrix, on condition that Mrs. Judge defray all expenses of the action, and save the administratrix…