155 Iowa 12 | Iowa | 1912
The plaintiff alleges that in the year 1880, being the owner in fee of a certain eighty acres of land in Plymouth county, Iowa, he conveyed the same by deed to his wife, Margaret Mullong,- pursuant to an oral agreement on her part to hold the same in trust for him; •that in the following year he purchased an additional tract of one hundred and sixty acres, paying therefor with his ■own money, and caused the conveyance to be made to his said wife under a like agreement on her part to hold the same in trust for his benefit; and that in the year 1901 he purchased certain other property in the city of Le Mars, Iowa, taking the title'thereto in the name of his said wife upon like trust. He further alleges that on March 4, 1889, he entered into a written agreement with his said wife to evidence the trusts aforesaid in the following words: “In the Name, of God, Amen! We, the undersigned, Henry Mullong and Margaret Mullong nee Polfer, husband and wife, at present of sound mind but of failing health, lay down our last will and testament, that all the property, real and personal we now or may hereafter accumulate, shall at the death of either qf us, become the sole property of the surviving party, who shall assume all debts and liabilities of the party deceased. In testimony whereof we both sign our names this fourth day of March, 1889, Henry Mullong. Margaret Mullong. Signed in presence of J. P. Kieffer, Justice of the Peace and Notary Public.” He further alleges that in February, 1909, the said Margaret Mullong died without having reconveyed to him the said property or any part thereof, but left a will by which, contrary to the terms of said trust agreement, she devised or .attempted to devise all said lands to her children subject only to the plaintiff’s statutory share therein; that said devisees are
In short, to make this instrument the basis of any right, legal or equitable, would necessitate indulgence by the court in presumptions and inferences partaking so largely
The demurrer to the petition was properly sustained, and the judgment below is affirmed.