Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-07-15
Would SET ASIDE
TRANSFERS MADE
BY MAN NOW DEAD
American Surety Co. Seeks to
Recover $45, 600 from Estate
of Late VIM. F. Conway.

Seeking to set aside several trans
fers of real property made by William
F. Conway, a contractor, who died
in his home in Newark year ago,
the American Surety Company has
filed a bill Of complaint in Chaneery
against William f. Conway, his son,
Bridget D. Conway, his widow; Mary
l.. Mason, q daughter, and admins
tratrix of his estate; Helen ID. Con-
way, another daughter and several
other defendants. It is charged that
the transfers were made by Conway
during his lifetime with the sole pur-
pose of avoiding the payment of
moneys due the surety company.
According to the bill of complaint
the present suit has grown out of
contract between a firm known as
Minahan & Costa, and the authorities
of the town of Wakefield, Mass, for
the construction OF sewer within
the town. The company went on the
bond of the contractors, but only
after they had agreed to hold the
company safe from loss. In accor-
dance with this agreement James
Conway, with one Daniel f. Minahan
and William Hanna, signed bond to
the company as guarantors.
This bond was signed by Conway
In June, 1901. At that time Conway
owned twelve pieces of propnrty, most
of them in Newark. THESE We're lot
in North Fourth street, ns4r Second
avenue properties at Central avenue
and South Seventh street, Central
avenue and Warren street, Cabinet
street near Camden street, Bergen
street near Cabinet street, South
Sixth street near Warren street,
South Sixth street and Eleventh ave-
nue., Eleventh avenue near South
Sixth street, Central avenue near
North Fifth street, Pennington street
near New Jersey Railroad avenue, and
North Fifth street near Central ave-
nue..
In January, 1902, Minahan & Costa
defaulted in their contract with the
town of Wakefield, and the American
Surety Company was called on to
make good the amount of damages
suffered by the town therefor. A suit
was brought against the company
and Judgment entered against 1t, the
company being compelled to pay to
the town of Wakefield the sum of
$45,0 900 and the costs of the action.
Knowing that the surety company
would hold him responsible for their
loss according to the bill of complaint,
Conway began to dispose of his hold
ings. After receiving notice from the
surety company In January, 1902, he
began to dispense his real estate by
transferring the several parcels. Since
| then the properties.-have been re
transferred several times. In the bill
of complaint all of these transfers
are recited.
The bill expressly charges that
these conveyances were made without
consideration and that they were for
the sole purpose of preventing the
| surety company from recovering
from Conway or his estate the mon
eys due to 1t. 1t further charges that
up to the time of his death, Conway
received all the benefits of the prop
erty that he had pretended to convey,
and that the heirs are now ENJOYING
| the benefits of the estate to the full.
In September, 1911, the surety COM
| pany began a suit against Conway
for Naturalization, and In MAY 81
this year recovered a judgment
against Mary l.. Mason. as admin
istratrix of James Conway for $685.
1873 to which was added 1926 costs. 1t
was then found that the personal es-
tate in the hands of the administra-
trix amounted to only $3.50.
The company, through Pitney, Har-
din & Skinner, now seek to have all
Of the ooveyances set aside, that they
may recover ali of the moneys due
them under their judgment 1t is
said that X this Is done, the judg-
meht can be paid in full and an am
pie surplus left for the heirs.