Corey

The plaintiffs in this action sought to secure a decree that the defendants hold in trust for them certain real property which, by a deed of gift dated October 24, 1908, was conveyed by Hiram Corey to the defendants Elfridá Bade-Johnson Corey, his second wife, and Augusta Eleanor Corey, his daughter, who was the issue of his second marriage.

The gist of the plaintiffs’ ease is found in the contention that the conveyance attacked was executed in violation of the rights of the plaintiffs arising out of an oral contract pleaded and proven to have been entered into by and between Hiram Corey and Rose Corey, his first wife, and Charles Littlefield, the father of plaintiffs, wherein the latter agreed to surrender unto Hiram and Rose Corey, his then infant children (the plaintiffs herein), and forever relinquish all of his rights as a parent of said children in consideration of the promise of Hiram and Rose Corey that upon the death of the survivor of them, the plaintiffs herein “should and would succeed” to the property then owned or thereafter acquired by said Hiram and Rose Corey.

The circumstances attending and surrounding the alleged agreement as revealed by the record…