Newman v. Borden

GARDNER, Justice.

Complainant Carrie Borden Newman is the wife of P. N. Newman, and she was left certain real estate by the will of her father. Defendant, L. E. Borden, her brother, was devised forty acres, which was without a dwelling. The will of the father was duly probated.

Defendant, L. E. Borden, claims, however, that his sister had previously expressed herself as willing to give him a house and seven acres of land, included in her devise, and, in February 1938, the sister did execute a deed to the seven acres to defendant, her brother. It is this deed which is sought to be cancelled as…