Anson v. Townsend

Belcher, C. C. — The principal questions involved in this case relate to the validity of an alleged parol gift of real property. The property in question consists of cer[416]tain lots in the town of Bed Bluff, which, in June, 1882, were owned by Abraham Townsend, and on which there was then a small dwelling-house. The defendant claims that Abraham Townsend made her a parol gift of the lots on the 8th of June, 1882, and that she thereby acquired a right to them, which a court of equity will protect as against the legal title.

The facts upon which this claim is based may be briefly stated as follows: The defendant was the wife of Wilbur Townsend, and he was the son of Abraham Townsend. Wibur had deserted defendant, leaving her with a young child named Grace, and with no means to support herself and child except her own labor. Defendant was in the house, living there, when, on the 8th of June, 1882, and upon the premises, as she testifies: “ He [Abraham Townsend] told me he give me the property; it was mine if I would take good care of Gracie, and educate her, and bring her up right. .... He gave me the key to the front part of the' house, and told me it was mine; the house was mine.”

Mollie Kennedy was a witness for defendant, and testified that she “heard a conversation between A. Townsend and the defendant relative to the property in dispute. It was on June 8, 1882, I heard A. Townsend tell her that she could have the home, and it was hers, and for her always to take good care of Gracie, and that the home was hers. He gave her a key to the house. She said: ‘ Mr. Townsend, can I.plant some vines out in front? I want to make a shade.’ He said: ‘ Yes; you can do whatever you want to with the house; the house is yours; I give you this house; it is yours.’ He said for her always to take good care of Gracie, and give her a good education; and Gracie came around, and kissed him, and says: ‘ Gran’pa, you ain’t going to throw me out in the street?’ And he says: ‘No; I never intended to.’ ”

Thereafter the defendant continued to occupy the [417]house until some time in the spring of 1883, when it was burned down. The lots were then vacant and unoccupied until the fall of 1884. Early in June, 1883, Abraham Townsend died. Administration was had upon his estate, and in September, 1884, the lots in question were distributed to Mrs. Etterville Townsend, the widow of deceased. After the distribution, Mrs. Townsend erected a new house on the lots. In reference to this new house and her possession of it, defendant testified: “ Mrs. E. Townsend put it there, and after the death of A. Townsend, I did not object to her building on the place; I was living in town at the time it was built; I did not pay for any part of the house that is now on the property; I moved into it about a week after it was completed; the widow Townsend did not give me a key to it; I went in at the back door; it was unlocked. The front door was locked, and the key was on the inside of the door. It was dusk when I moved in; I did not get Mrs. Townsend’s consent before I went in.”