Todd v. Hyzer

THOMAS, J.:

Since 1938 appellants have occupied the lower of two apartments in a building owned until her death by Clara Zearing. The owner lived in the upper apartment. She had reached the age of 66 years and had been in ill health for a long time immediately preceding her death. She was fond of appellants’ children, often assisting them with their studies and showing them other considerations.

In December, 1940, about ten months before Mrs. Zear-ing’s decease, appellants’ status changed from lessees to owners by reason of a verbal agreement between her and them. For some time appellants had…