Killeen v. Killeen

The opinion of the court was delivered by

Freund, J.

James Killeen appeals from a decree of the Court of Chancery declaring that he holds title to premises No. 610 South Tenth Street, in the City of Newark, in trust for his brother and sister-in-láw, John Killeen and Catherine Killeen, the respondents. We are in accord with the conclusion reached by the learned Vice-Chancellor that the testimony establishes a resulting trust.

John Killeeir’s occupation was that of tavern keeper. In 1943, when both he and his wife were over 60 years of age, he was in poor health, unemployed, and there were…