Riker v. Riker

The writer would affirm on the basis of waiver and estoppel, rather than gift; so the result is the same reached by the trial court, but from a different route.

*71The facts are not unique. The plaintiff father-in-law provided the funds for the defendant daughter-in-law and her husband, appellees here, to purchase a home. The happily married duo executed a note in 1973 for $11,500, which was to be paid by annual installments of $1,000, plus interest. The plaintiff never pursued any legal action until love had flown from the children’s window, over a decade later.

The plaintiff testified that he…