Ostrom

This is an action to enforce a trust in certain real and personal property, based on a supposed verbal contract, made by Caroline De Yoe, under whom defendants claim, with Stephen Rogers, her then husband, under whom plaintiffs claim —by which contract appellants claim said Caroline obligated herself to make a will, which is admitted she never made.

The action was tried by the court; certain special issues were submitted to a jury which answered the same adversely to the defendants; the court reserved the action for further consideration, heard further testimony, and when the case was argued and submitted, made and filed its findings and decision, rendering judgment thereon in favor of defendants. The plaintiffs appeal from the judgment and from an order denying a new trial. Stephen Rogers and Caroline Rogers were husband and wife and during their married life had accumulated a large amount of property. In January, 1885, Stephen Rogers made several deeds of gift to his said wife of fifteen hundred and twenty-four and six one-hundredths acres of his land and numerous town lots, and on December 18, 1886, he made another deed of gift to the said wife of three thousand nine hundred…