If the illegal transaction was entered into by a trustee or guardian so that any penal consequences visited upon the transaction will fall, not upon the guilty fiduciary, but upon his beneficiary, relief would be afforded either by the enforcement of the agreement because of the innocence of the beneficial plaintiff,75 or if in the particular case this seemed against public policy as amounting to allowance of ratification of an illegal transaction, the innocent beneficiary or the fiduciary in his behalf would at least be allowed to rescind and recover any consideration paid.76 Creditors, however, have no such large rights. The transfer of money or property under an unlawful act "does not necessarily give creditors a right to pursue the property after the contract has been fully executed. Such a contract may or may not be fraudulent as against creditors. If it is, they may set it aside. If it is not, they cannot." 77 And a trustee in bankruptcy cannot for the benefit of the estate enforce an illegal contract, as a wager, under which the bankrupt, and, therefore, his trustee, would be entitled to money or property had the contract been legal.78