Transaction may be set aside.

- Every voluntary deed or conveyance, made by a debtor insolvent at the time of execution, being thus invalid, and an insolvent person being precluded from making a valid gift to the injury of the person's existing creditors, such a transaction may be set aside, and the assets thus transferred subjected to debts existing at the time of the transfer, or to subsequent debts if there was an intent to defraud as to the creditors. Edwards v. United Food Brokers, Inc., 195 Ga. 1, 22 S.E.2d 812 (1942).

Conveyance is void when the donor thereby renders oneself insolvent. United States v. Phillips, 59 F. Supp. 1006 (S.D. Ga. 1945).

Conveyance leaving debtor without resources to pay debts.

- Debtor is insolvent and debtor's voluntary deed is void when, after such conveyance, property left or retained by the debtor is not ample to pay debtor's existing debts. Federal Land Bank v. Bush, 179 Ga. 627, 176 S.E. 639 (1934).

Existing and subsequent creditors.

- Gift by a debtor insolvent at the time is void as to the debtor's then existing creditors whether made for the purpose of defrauding the creditors or not; but such a gift is not void against subsequent creditors, unless at the time of making it there was an intention to defraud. Lane v. Newton, 140 Ga. 415, 78 S.E. 1082 (1913); Beasley v. Smith, 144 Ga. 377, 87 S.E. 293 (1915); Roach v. Roach, 212 Ga. 40, 90 S.E.2d 423 (1955).

Conveyance by solvent person binding.

- Voluntary conveyance made by a husband, solvent at the time, to his wife and children, is binding against creditors. Brown v. Spivey, 53 Ga. 155 (1874); Trounstine & Co. v. Irving, 91 Ga. 92, 16 S.E. 310 (1892).

Donee's knowledge is irrelevant.

- If a husband, insolvent at the time and having no property subject to the demands of judgment creditors, makes a gift of property to his wife, such a gift would be void as against creditors, whether or not the wife had knowledge or notice of the husband's fraudulent intent. Garner v. State Banking Co., 150 Ga. 6, 102 S.E. 442 (1920).

Standing to set aside conveyance.

- Assignee in bankruptcy has no standing to impeach a voluntary conveyance made by the bankrupt to the bankrupt's children prior to the adjudication in bankruptcy, unless such conveyance was void because of fraud. Only existing creditors have a right to assail such a conveyance. Adams v. Collier, 122 U.S. 382, 7 S. Ct. 1208, 30 L. Ed. 1207 (1887).

Possession by donor after gift as fraud.

- Father being the proper custodian of property belonging to his minor child, possession of such by him is not indicative of fraud. Hargrove v. Turner, 112 Ga. 134, 37 S.E. 89, 81 Am. St. R. 24 (1900); Ross v. Cooley, 113 Ga. 1047, 39 S.E. 471 (1901).

As a general rule, possession of personalty by an alleged donor, after the donor has executed an instrument purporting to evidence a gift of the property, is a badge of fraud which, in proceedings instituted by a judgment creditor of the former to subject the property to the donor's debt, must be satisfactorily explained in order to uphold the validity of the gift. Ross v. Cooley, 113 Ga. 1047, 39 S.E. 471 (1901).

Debtor may make gift.

- Person, though in debt, may in good faith make a voluntary conveyance of a part of the person's property, if the part which the person retains is amply sufficient to pay that person's debts. Cohen v. Parish, 105 Ga. 339, 31 S.E. 205 (1898).

Services may be given away.

- Person, though insolvent, can legally give away the person's services, and so doing is not a fraud upon the person's creditors. Brand v. Bagwell, 133 Ga. 750, 66 S.E. 935 (1910).

Question of solvency for jury.

- Whether a debtor is insolvent or not is a question for the jury. Primrose v. Browning, 56 Ga. 369 (1876).

Cited in Sims v. Albea, 72 Ga. 751 (1884); Garner v. State Banking Co., 150 Ga. 6, 102 S.E. 442 (1920); Davenport & Broadhurst v. Wood, 166 Ga. 365, 143 S.E. 398 (1928); Harper v. Atlanta Milling Co., 203 Ga. 608, 48 S.E.2d 89 (1948).

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gifts, §§ 1, 8.

C.J.S.

- 38 C.J.S., Gifts, § 7.

ALR.

- Right of creditor or one representing him to recover money paid or property transferred by debtor on illegal consideration, 34 A.L.R. 1297.

Right of parent as against creditor or lienor to make gift to minor child of latter's own services, 44 A.L.R. 876.