Tucker v. Brown

This action was brought to have a trust declared, and also for an accounting. The defendants answered, with certain admissions and denials, and affirmatively pleaded the statute of limitations and that the property in controversy was transferred as a gift. The trial was to the court without a jury, and resulted in a decree dismissing the action. From this decree, Wilmon Tucker, as administrator with the will annexed of the estate of Sarah E. Smith, deceased, appealed.

The facts will only be stated in so far as it appears necessary to present the questions which are controlling upon this…