3 N.E.2d 547 (Ohio App. 1935), Alward v. Manore

Citation:3 N.E.2d 547, 52 Ohio App. 129
Opinion Judge:CARPENTER, Judge.
Party Name:ALWARD v. MANORE.
Attorney:J. J. Waldvogel and Richard McClure, both of Toledo, for plaintiff. Flory & Taylor, of Toledo, for defendant.
Judge Panel:LLOYD and OVERMEYER, JJ., concur.
Case Date:March 18, 1935
Court:Court of Appeals of Ohio
 
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Page 547

3 N.E.2d 547 (Ohio App. 1935)

52 Ohio App. 129

ALWARD

v.

MANORE.

Court of Appeals of Ohio, Sixth District, Lucas.

March 18, 1935

Syllabus by the Court .

Where a daughter by a written contract agrees to care for and keep her father for the remainder of his life in consideration of his executing a deed conveying certain property to her, and he executes the deed with directions that it be delivered to her on his death, but leaves a prior executed will devising the property to others, such property becomes impressed with a trust which equity will enforce against the devises holding legal title under the will; the services rendered

Page 548

by the daughter being a sufficient consideration and not subject to measurement by pecuniary standard because of the elements of society and companionship.

[52 Ohio App. 130] J. J. Waldvogel and Richard McClure, both of Toledo, for plaintiff.

Flory & Taylor, of Toledo, for defendant.

CARPENTER, Judge.

This cause comes to this court upon appeal. John Manore was the father of plaintiff and of the defendants Arthur A., Leo T., Clifton M., and Jerry B. Manore, and Ellen Duvall. January 30, 1929, John Manore, then a widower, entered into a written contract with plaintiff, Netellia Alward, which was in the following terms:

‘ This agreement entered into and concluded this 30th day of January, A. D. 1929, by and between John Manore, a widower of Toledo, Lucas County, Ohio, of the first part; and his daughter, Netellia Alward, of the same place, party of the second part,

‘ Witnesseth:

‘ Party of the first part agrees to execute a deed of conveyance to said Netellia Alward, party of the second part, for lot number Seventy-One (71) in Yates Addition to the City of Toledo, Lucas County, Ohio, being house number 914 Frederick Street; also execute a Bill of Sale to her for the furniture and household goods now in said dwelling, owned by him, and place said deed and bill of sale, in an envelope addressed to said Netellia Alward, the same to be put in the safety deposit box of the party of the first part, and upon his death to be delivered to the party of the second part.

‘ In consideration of the above and foregoing, the party of the second part, agrees to occupy (with her husband), the aforesaid premises, pay the taxes and assessments on the same from and after the December 20, 1928, payment, keep said premises fully insured and keep the same in good repair, inside and outside; also agrees...

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