Frick v. Cone

Horton (Clinton T.),

Official Referee. This is an action by Frank Frick against the executor of the estate of his deceased wife, Josephine Frick, to compel conveyance to plaintiff in fulfillment of an oral trust made by decedent by the terms of which she is alleged to have taken title to property for her husband under agreement to convey to him at any time.

In 1895 plaintiff, at the age of thirty-six, married decedent, a widow then forty-five years of age with two children, Augustus, about twenty-two years old, and Sarah, about seventeen. The former died of tuberculosis within a few months…