Costello v. Costello

In this action the plaintiff,, as administratrix of her deceased husband’s estate, sought a decree setting aside a deed of real estate executed by him purporting to convey an undivided two-thirds interest therein to their son and the remaining undivided one-third to his brother. The jury in answer to an interrogatory rendered a special verdict that the deceased by this deed intended to make a testamentary disposition of the property described in the deed. The defendant John J. Costello, the brother of the deceased and hereinafter called the defendant, moved to set the verdict aside as…