Kenyon v. Youlan
New York Supreme Court
Appeal from circuit court, Herkimer county. Ejectment by Haney M. Kenyon and Margaret E. Hoard, as devisees of Mary Piper, deceased, against Louvina Youlan, who claimed as equitable owner under an oral agreement with said Mary Piper, deóeased, and one George Y. Piper. Judgment was rendered at circuit in favor of defendant. Plaintiffs moved for a, new trial, which was denied, and they appeal from the judgment and.order denying motion.
1Opinion of the CourtMartin, J.
This action was ejectment. The premises involved consist of a house and lot situated in the village of Frankfort, H. Y. They were owned by Mary Piper, deceased, in her life-time. The plaintiffs claim title as devisees under her will. The defendant claims as equitable owner. Her claim is founded upon an alleged agreement between the decedent and the defendant and George Y. Piper, whereby the decedent agreed to convey or devise the premises to them in consideration of their moving onto the premises and their *785taking care of her during the remainder of her life. This agreement was fully performed…
2Cases cited4 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Smith v. SmithNew York Supreme Court · 1889
3Cited by8 opinions
- Hargreaves v. BurtonUtah Supreme Court · 1922
- Korminsky v. KorminskyThe Superior Court of the City of New York and Buffalo · 1893
- Dunckel v. DunckelNew York Supreme Court · 1890
- Cooper v. MonroeNew York Supreme Court · 1894
- Davis v. HowardNew York Supreme Court · 1893
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