Cohen v. Cohen

Henderson, J., delivered the opinion of the Court. This appeal is from an order overruling a demurrer to a bill of complaint seeking to impress with a trust certain leasehold property conveyed by the complainant ⁵²³ and her deceased husband to her son upon an alleged agreement to support, and for an accounting. The bill alleges that by deed dated August 10, 1942 David Cohen and Sarah Cohen, his wife, conveyed the property 1647 North Smallwood Street, which they owned as tenants by the entireties, to their son Abraham, subject to a ground rent of $75.00 and a mortgage on which a balance of $1,000 was unpaid; at that time David Cohen was 83 years of age and his wife 78; Abraham “induced” his parents to make the conveyance, in consideration of his promise to “provide for your complainant and her husband for the remainder of their natural lives; that your complainant would have a home, security in her old age, food and clothing for her natural life, to be provided by the defendant, Abraham Cohen; that no cash payment was made by the said Abraham Cohen to the complainant and her husband; that in addition cash and securities of an unascertained amount were turned over to the defendant, Abraham Cohen, by the said David Cohen, his father, the consideration being that he provide for the complainant and her husband for the remainder of their natural lives.” The conveyance was not a gift and the grantors were not in any way indebted to the grantee. The bill further alleges that the complainant cannot read or write English, had no benefit of legal advice, is inexperienced in business matters and put “every confidence” in her son; that David Cohen died on April 4, 1943 and the complainant continued to reside in the premises with a daughter, who paid the ground rent, taxes, interest on the mortgage and insurance, and made repairs and improvements in the approximate amount of $500.00; that another child contributed $122.00 towards the installation of an oil burner in 1947.

In the latter part of 1948 Abraham Cohen rented the house and compelled the complainant and her daughter to vacate; she was compelled to seek shelter with one of her other children; in 1944, he executed a second mortgage on the property to his brother-in-law to secure a loan of ⁵²⁴ $1,000.00; that the complainant is informed that he is about to sell the house; that he has