Smith v. Mason

Plaintiff and defendant are members of a family of five children who survive their father, one Daniel Hoover, deceased. Said Hoover died November 30, 1891; about seven months previously he made to his eldest daughter, Hannah, the defendant here, a deed in form an absolute conveyance of a parcel of land on which he then resided with his said family. In plaintiff’s complaint it is substantially alleged that at the date of such deed said Daniel was sick and expected early dissolution; that he reposed great confidence in said Hannah Mason, then Hannah Hoover, and because thereof, and in order to save expenses of administration, he signed and acknowledged said deed to her, with directions that she should hold the land described therein in trust for the benefit of herself and his other children, and convey to them their respective interests, etc.; that the deed was without consideration; that it was never delivered by the grantor, but that defendant obtained possession of the same after his death and claims title thereunder in her *427 self and repudiates the trust. It is prayed that the deed he adjudged void, or that defendant he declared a trustee for plaintiff, et cetera. The answer…