In re Vadner

This is a petition, brought under section 24b of the Bankruptcy Act (Comp. St. § 9608), to revise, in matter of law, an order entered by the District Court on June 8, 1926, denying a petition to review, and sustaining, an order theretofore made by the referee, declining jurisdiction by summary proceedings to direct the exeeutor of the estate of one Agnes R. Yadner to deliver to the trustee possession of certain real estate in Salt Lake City, described as a two-thirds interest in the Yadner Terraces. The executor resides in Utah, and is acting under appointment from a court of that state. While in the petition to the referee, the petition for review presented to the District Judge,, and the petition here, verified by the bankrupt alone, the trustee is joined with the bankrupt, it is fairly to be inferred that the whole proceeding, from the beginning, has been primarily for the benefit of the latter, in an effort to defeat the rights of his wife, rather than in the interest of his creditors, if any he has. In re Vadner (D. C.) 259 F. 614, 635 .

By the petitioners the question of law for review is stated to be whether a bank-’ ruptey court has jurisdiction, by summary proceedings,…