Tuckerman v. Berry

Opinion by

Mr. Justice Teller.

The defendant in error, hereinafter called the plaintiff, brought suit against the plaintiffs in error, to recover certain real estate alleged to have been held in trust by Hannah J. Dawley, of whose will defendant Tuckerman was the executor, the other defendants being beneficiaries under said will.

It appears from the record that the plaintiff was a niece of Mrs. Dawley’s husband, and worked for the family before the death of the husband. After Mrs. Dawley’s decease, a letter written by her under date of Nov. 28, 1905, and addressed to Edward Dawley, an adopted…