#### Thomas J. Sullivan, Appellee, v. Thomas E. O'Brien et al., Appellants.

Gen. No. 23,847.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon; Fbedebick A. Smith, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed April 29, 1918.

Statement of the Case.

Creditor’s bill by Thomas J. Sullivan, complainant, against Thomas E. O’Brien, Mary L. O’Brien, Charlotte L. O ’Brien and Helen Durkin, defendants, to set aside, as in fraud of creditors, a conveyance by Thomas E. and Mary L. O’Brien, husband and wife, of their property to Charlotte L. O ’Brien, their daughter. From a decree for complainant, defendants appeal.

Edward Drobnts and Leo J. Kramer, for appellants.

M. H. Hoey, for appellee.

*394Abstract of the Decision.

Fraudulent con vet a nobs, § 96 * —when voluntary conveyance 6y parent to child is set aside. On a creditor’s bill to set aside, as in fraud of creditors, a conveyance by parents to a child, the evidence held to show a case coming within the rule that even if there is no fraudulent intent, a voluntary conveyance to a child in consideration only of love and affection, where the grantor is in embarrassed or failing circumstances, and the conveyance has the effect of withdrawing the property from the claims of creditors, leaving no unincumbered funds in the grantor’s hands for the payment of debts, will be set aside.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice McSurely

delivered the opinion of the court.