Kester

Kester v. Adams

Good Law
85 F.2d 646·1936 U.S. App. LEXIS 4211
United States Court of Appeals for the Ninth CircuitAugust 3, 1936No. 8131California1,730 words

Opinion

Lead Opinion

Haney, J.

This cause presents an appeal from the decree of the trial court adverse to appellant, who brought suit to set aside two alleged fraudulent conveyances of real property in Jerome county, Idaho, made by Charles H. Helmer, now deceased, to his wife. Appellant is the trustee in bankruptcy of the estate of Charles H. Helmer, now deceased.

It is admitted by the pleadings that Helmer and his wife owned the property in question as community property prior to January 10, 1925. On that date there was transferred to Helmer 200 shares of the capital stock of the First National Bank of Twin Falls, Idaho, and lie became a director of that bank. On January 4, 1927, Helmer acquired 110 shares of the same kind of stock in the banking association.

On May 31, 1927, Helmer executed a deed to a part of the property in question to his wife, in which the consideration was expressed as “the sum of One Dollar and love and affection.” This deed, admitted in evidence, was acknowledged on June 1, 1927. The other deed was dated September 26, 1928, expresses the consideration as “the sum of One dollar and other valuable consideration,” was acknowledged the same day, and described the remainder of the…

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