Zim v. Cohen

The plaintiffs are the children of one David Cohen by his first wife, Carrie Rosenberg, deceased. The respondents are his children by his second wife, Ida. In this action the plaintiffs seek to impress a constructive trust, or a trust ex maleficio, upon the real property described in the complaint in the name of Ida Cohen at the time of her death. Ida Cohen predeceased David *342Cohen by about six weeks. The relief sought is that the plaintiffs may be declared seized and possessed as tenants in common in fee simple of said premises, and that partition be decreed.

It is averred in the complaint…