Falk v. Fulton

The opinion of the court was delivered by

Hutchison, J.:

This is an action by John C. Falk to cancel and set aside a deed made by his uncle, Albert Falk, December 1, 1925, to his niece, Rosia Falk Fulton, for the reason that it was made in violation of an oral agreement of the grantor with the plaintiff, confirmed by the subsequent execution of a will by the uncle. The grantor and grantee of such deed were parties defendant and by their answers raised questions involving the three-year statute of *746limitations, the statute of frauds, the statute of trusts and powers, and the good faith and…