Kramer v. Watnick

WOOD (W. J.), J.

In this action plaintiff asked the court to declare that his daughter, Sarah R. Watnick, holds title to five parcels of real estate in trust for him and to order her to convey the property to him. Harry Watnick, the husband of Sarah Watnick, has been made a party de

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fe3ida3it. HereÍ3iafter Sarah Watnick will he referred to as defendant. Plai3itifE prosecutes this appeal from a judgment in defendants’ favor.

In his complaint plaintiff alleges that defendant induced him to execute joint tenancy deeds covering the property in question in which plaintiff and defendant were named as joint tenants; that to induce the execution of these deeds defendant stated to him that, since he was a widower, in case of his death she as his only child would he put to the expense of probating the estate and that the joint tenancy deeds should be executed to facilitate the transfer of the property upon his death; that she agreed that if he woiold convey the property to her in joint tenancy she W03ild not claim any interest in the property but would hold it only for the purpose of the transfer of title at the time of his death and that if he chose to sell the property she would join with him in the execution of any necessary instruments ; and that she would at any time upon his request, without consideration, reconvey her joint tenancy interest in the property to him. It is further alleged that in reliance upon the statements of defendant plaintiff did on December 23, 1940, convey the property to defendant and to himself as joint tenants. In the following month plaintiff married and thereafter demanded of defendant that she reconvey the property and upon her refusal to do so the present action was commenced.

The testimony of plaintiff unquestionably supports his allegations and if his testimony had been found to be true doubtless the court would have granted the relief sought in the complaint. The record, however, discloses a sharp conflict in the testimony. Defendant testified that she was to be married on'December 25, 1940, that her father told her that he had appreciated all that she had done during her mother’s illness, that if anything happened to him he wanted to know that defendant was taken care of because she deserved it, and that he wanted the deeds recorded immediately so that she would get them on her wedding day. Defendant testified that she had not agreed to reconvey the property to plaintiff on demand and had not stated that she would make no claim to the property or that she would hold the joint tenancy interest only for the purpose of transfer of title upon plaintiff’s death. The parties were living on one of the parcels conveyed at the time of defendant’s mairriage