Kohn

Plaintiff and Tillie Kohn were married April 3, 1919. They lived together as husband and wife until the death of the latter on August 3, 1920. At the time of Tillie Kohn’s death, her mother, Rosie Kempner, since deceased, and her brothers, Philip and Edward Kempner, defendants and appellants were living.

At the time of the marriage the plaintiff was the owner of three parcels of land in which he thereafter conveyed a half interest to his wife. He also during the marriage purchased, with his separate funds, a fourth parcel and caused an undivided half thereof to be conveyed to his wife. He testified that his wife persistently importuned him to convey a half interest in the property to her, in order that she might have the same for her support in the event of his death, and declared that she would not continue to live with him unless he complied; that she promised him that if he would convey such interest to her she would reconvey the same to him at any time he might request her to do so; that the conveyances to her were made, without consideration and not as a gift, in reliance upon her promise to reconvey upon request; that in June, 1920, he desired to exchange one parcel of the…