The deceased had gone through the form of a marriage in Las Vegas while he had not yet completed his divorce with his first wife, and he soon had the Vegas marriage annulled. The estate of the deceased paid out a $45,000 to his "wife" from Vegas in satisfaction of her claim for maintenance and damages. Anderson J. found that the $45,000 was not a "debt" because (i) it was not a "sum payable in respect of a liquidated money demand recoverable by action" (p. 257), and (ii), as found in McFadzean, a right to claim maintenance pursuant to a statute is not a claim in debt.
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