Feller v. Kline

HENDRY, Judge.

This is an appeal by plaintiff from an order of the circuit court granting defendant’s motion to dismiss with prejudice plaintiff’s amended complaint against Lily A. Kline, as executrix of the estate of Sara A. Feller, the deceased wife of the plaintiff.

Plaintiff, by his suit, sought to impress a trust upon all of the real and personal property of which his wife was possessed at the time of her death. The basis of plaintiff’s claim is an alleged oral understanding existing between his wife and himself, during their twenty-four years of marriage, that any and all possessions,…