Timmins v. Pfeifer

Plaintiff appealed from a judgment entered pursuant to an order granting defendant’s alternative motion for judgment non obstante or a new trial..

Ignaz Pfeifer owned a 155-acre farm. He and his wife, Teresa, were aged people. They had eight children, Emil, Mary Sheridan, Emma Pfeifer, Edward, Joseph, Mollie Timmins, Amelia Fisher and Tena. Mr. Pfeifer died May 20, 1916, and Mrs. Pfeifer died March 3, 1923.

On December 18, 1906, the parents determined upon a distribution of their farm. They executed a writing stating their plans. That paper became lost or destroyed, and because thereof they…