Melenky v. Melen

134 N.E. 822 (1922)

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Nature of the Case

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Facts

Reuben Melenky (D) conveyed land to his son Asher (D), now Asher P. Melen. The deed was made that the son might manage the property in the absence of the father and was coupled with an oral promise to reconvey upon demand. The father married again; and P is his wife. Before the marriage, he told her that he was the owner of valuable real estate in Rochester. She relied upon his statement in consenting to the marriage. Four years later, the son, when asked to reconvey, made a deed of an estate for life but refused to reconvey the fee. The father, under pressure of age, infirmity, and want, accepted the deed as tendered. The purpose of the son in retaining the fee was to deprive P of her dower. P sued D. P prays that an inchoate right of dower be established and a reconveyance adjudged. Father and son are joined as defendants. The demurrer is by the son. The trial court found for D and the appeals court reversed. D appealed.