Teixeira

This is an action seeking the declaration of a resulting trust respecting land alleged to have been received under trust conditions, and also to impress the same resulting trust on the rents, issues and profits thereof.

Maria Delfina Domingos (hereinafter referred to as Delfina) was the mother of four children, John, Frank, Maria (Domingos) Tosté and Hermina Goncalves Teixeira. Plaintiffs herein are Delfina’s daughter Hermina Goncalves Teixeira and Delfina’s grandchildren (by her deceased daughter Maria Domingos Tosté), Joe Tosté, Frank Tosté, Jr., Manuel Tosté, Mary Tosté, Rose Drewes and Alice (Tosté) Carrigg. Rose Drewes and Alice (Tosté) Carrigg will hereinafter be referred to as the twins. Emily L. Domingos, the surviving wife of Frank G. Domingos, is sued herein in her individual capacity and also as administratrix of the estate of Frank G. Domingos, and will hereinafter be referred to as the defendant. John Domingos will hereinafter be referred to as John, and Frank Domingos as Frank. Defendant (Emily Domingos) has remarried and now uses the name of Verissimo.

Prior to February, 1933, John and Frank established and operated a dairy ranch and herd in Kings County, later…