McKenna v. Meehan

The complaint alleges that the real estate involved was the property of the mother of plaintiff and defendant; that it was transferred by the mother to the defendant upon the defendant’s promise to hold the same for the joint benefit of her brother and herself and that after the death of the mother she would divide the property equally with her brother. The complaint does not pray that this conveyance be set aside. On the contrary, it expressly affirms the conveyance and seeks to enforce the oral trust upon which the plaintiff claims the conveyance was made and accepted. Thus, the plaintiff…