Page:Federal Reporter, 1st Series, Volume 2.djvu/321

 814 rEDSBAL BZPOBTBB. �which she became entitled under said will, and gave to said execuIjorB an indemnity bond against any claim which my said wife, or her heirs, or next of kin might make against them, pending her attaining her majority, and the makiiig of the foregoing release for them ; and I do for myself, etc., upon the redelivery to me ot said bond, etc., release, acquit and discharge the said executors of and from ail claim and demand whatsoever, which I now have or bave had against them, etc., or against or ont of the estate of the said Samuel Knapp." �On the third day of March, 1875, the bankrupt conveyed to one Friend Hoar, for a nominal consideration of $10,000, the real estate which had been conveyed to him by the exec- utors, excepting certain lots previously sold off. The same day Hoar conveyed the same promises to Mrs. Corse for a nominal consideration of $10,000, subject to two mortgages, one dated January 3, 1868, for $4,000, and the other dated August 2, 1869, for $3,000, both mortgages being executed by Corse and his wife, and which she assumed in the deed from Hoar to her. The property was at the same time, to- getherwiththeadjoining property, which had been purehased by Corse to improve the brick-yards, subject to a mortgage for $6,000, executed by Corse and his wife, not mentioned in the deed. This last-uamed mortgage has been foreclosed, and Mrs. Corse's equity in the property has been thereby extin- guished. But in her account she gives the bankrupt credit for $10,000 on account of the transfer to her of this property. He was at that time embarrassed, and she undertook, for a few months after the transfer, to oarry on the business, her husband acting as her agent. �The bankrupt and his wife both testify that at the time the release to the executors was executed, in the year 1868, an agreement between them was drawn up by Judge Suffern, county judge of Ulster county, respecting the property which Mr. Corse had received on her account, which agreement was destroyed by fire when their bouse was burned. �Mrs. Corse is unable to state the contents of the paper, fur- ther than that it was an agreement to repay the moneys received by him as a loan. Mr. Corse testified that it was to ����