Owens v. Owens

The agreement allegedly made by the parties on or about December 16,1949, whereby, in consideration of the payment of $5,000 by the plaintiff to the defendant, her son, he would permit her ‘ ‘ from time to time as she desired during the rest of her life, to visit his home and remain there, as a guest on such occasions, for a period of a few days,” was one which could be completed only at the instant of death of either party rather than “ before the end of a lifetime.” Accordingly, defendant’s motion for judgment on the pleadings, pursuant to rule 112 of the Rules of Civil Practice and section…