Case Stated by Walter G. Hudgins of Bowling Green,
to Mr. Holcombe.
Tennent is insolvent with many judgments
agst him, & has been [canying?] on business in his wife's name.
His wife's father was also insolvent & died (...).
Afterwards his wife's grand-father died, & by
his will "devised" 1/12 part of his estate to two of his sons, in trust
for Tennent's father in law, who died before the testator, ha-
ving Mrs Tennent & another daughter him surviving.
Tennent & wife had not filed a bill "to subject
her share of her g fathers estate to her separate use &"
The question is what in the proper cause for
Tennent's creditors to pursue?
Hudgins says he has "put executions in the
sheriff's hands."
At the first blush it appears to me that the
rights of the [heditors?], as well as the mode of proceeding, will de-
pend very much on whether the property, "devised" by Mrs
Tennents g father's will h real or personal.
In either case it passes to Mrs T & her (...)
(...) it could have done to their father, had he (...) that (...)
tor, (V. C. 517. C 122. § 13) and consequently is an equitable estate in fee [simply?] in
their (...)
legal title being vested in their uncles, the trustees.
(...) the property to be real.
EN