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SARAH J. DUNHAM et al., complainants-appellants, v. LOUIS CADES et al.,defendants-respondents.

1. The execution of the trust agreement and the transfer of the assets by the defendant to carry out its terms were supported by a fair consideration and were not made with any actual intent to defraud creditors.

2. The burden is upon the complainants who allege that the transfer of the real estate and other assets set forth in the deed of trust rendered the defendant insolvent under section 2 of the Uniform Fraudulent Conveyance act ( P.L. 1919 p. 500), to establish such insolvency. The complainants have failed to show by competent proof that the transfers under the trust agreement rendered the defendant insolvent.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons stated in the opinion delivered by Vice-Chancellor Davis, in the court of chancery.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, LLOYD, CASE, BODINE, DONGES, HEHER, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 12.

For reversal — PARKER, J. 1.

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DUNHAM v. CADES
(Feb 2, 1934)