VOLUNTARY SETTLEMENT. 1. A testator, four years previously to his decease, assigned two policies of assurance effected by him on his life, for the benefit of a female with whom he had cohabited, and his four children by her. There was no allegation in the bill, which was filed on behalf of creditors to set aside the assignment, that the Plaintiff's debt was due at the time of the settlement, and there was no evidence of the state of the settlor's affairs, or of his being indebted at the date of the assignment,

except an I. O. U. for 2007., produced by the Plaintiff:-Held, reversing the decree of the Court below, declaring the assignment void against creditors, that the proper course was, to direct inquiries before the Master, as to the debts of the testator at the date of the assignment, and the amount of his estate and effects at the same time. Scarf v. Soulby, 426

2. To set aside a voluntary settlement at the suit of creditors, it is not necessary to shew the actual insolvency of the settlor at the date of the settlement, but the mere existence of debt at that time will not be sufficient, per se, to render it void. Ib.

WILL.

See DEVISE. EXECUTORS.

LEGACY.