The plaintiff, Rosetta Conte, sought to enforce a 2010 default judgment against Gerald Pettle by claiming a beneficial interest in properties held by his deceased wife, Susan Pettle, and alleging fraudulent conveyance.
The court found no fraudulent conveyance of real property or resulting trust regarding the properties themselves, as they were always registered in Susan's name and Gerald did not contribute to the original purchase.
However, the court found that Gerald's cash transfers to Susan after the 2010 judgment constituted fraudulent conveyances of personal property under the Fraudulent Conveyances Act, intended to defeat creditors.
The court attributed $217,000 of unidentified funds in Susan's accounts to these fraudulent transfers and declared them void against the plaintiff, allowing execution against Susan's estate.
The claim was not statute-barred as the two-year limitation period for personal property fraudulent conveyances ran from discovery, which occurred within two years of the action's commencement.
