Delahanty v. Farrington

Levinthal, J.,

This is an action of ejectment brought by plaintiff to obtain possession of certain real property alleged to have been owned by her deceased husband. Defendant is the daughter of decedent by a prior marriage, and, like plaintiff, claims through him. Decedent left surviving him also at least one son, who testified at the trial. Plaintiff’s claim is by will. Dedefendant’s claim is twofold: First, that she holds as the beneficiary of a resulting trust, with decedent as the trustee; and secondly, that she holds as grantee of a gift from her father. At the trial, which was before me…