Page:Federal Reporter, 1st Series, Volume 1.djvu/394

 886 TBDSBAL BEPOBTEB. �to follow, very plainly, that this voluntary conveyance of hîa property, for the purpose of defeating that claim, was fraud- aient and void, as against the holders of the claim. No reference to partîcular authorities is necessary to establish this. But it is said that if that property can be foUowed into the hands of the wife defendant at ail, the ciaim for it is distinct from that against her as executrix for the property belonging to the estate, of which she is executrix, and that joining the two makes the bill bad for multif ariousness, which objection was seasonably taken; and Ward y. Duke ofNorth- umberland, 2 Aust. 469, and Sabridge v. Hyde, Jacobs, 157, are strongly relied upon in support of the objection. �The claims, however, are not distinct. There is really but one claim, and that is in favor of the orators against the estate of the testator in her hands as executrix. That prop- erty is claimed because, as between her and the orators, it is a part of the same estate, to be reached in her hands in the same manner as any other part. If the property had been con- veyed to a third party it would have been different. Then a suit against the other party would have been necessary, and she would be the proper party to bring it, and if she refused the orators could proceed against both. Hagan v. Walker, le How. 29. The cases mentioned as relied upon are both distinguishable from this in this respect. The orator in each had claims against the testator and against the executor in the life-time of the testator, each independant of the other. In attempting to enforce both in one suit they were pursuing distinct claims, and not, as is only attempted here, one claim against the same person in the same right. �Let a decree be entered for an account of the amount due the orators, and of the estate of the testator in the hands of the defendant executrix, and of the value of the personal estate mentioned in the bill as conveyed by the testator to her in his life-time, and the amount of the estate of the testator in her hands, and if necessary that so conveyed, or so much as is necessary, be paid to the orators in satisfaction of their claim, with costs. ��� �