Verity v. Verity

191 N.Y.S.2d 204 (1959)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Wand D intermarried at Baldwin, New York on May 8, 1915, and have since been and now are husband and wife. They moved into and occupied as their home a small building on property owned by the father of the H. W had no money at the time she was married. Neither did H. At that time, H was farming. He had some horses and did some contracting work. W helped H in his farming work, picking and crating tomatoes and doing anything else that she could do to help him. The first piece of property which they purchased was acquired with money from the farming and contracting work. This property was eventually sold and still using the money from the farming, contracting and later house moving work, they eventually acquired the properties in question upon this trial. As the premises were acquired, W worked with D in finishing the houses. Various properties were purchased and sold. In 1924, W spoke to D inquiring as to why the deeds to the various properties purchased to that time were not in both names, and he answered, 'What difference is it whose name it is in? It belongs to the both of us.' W believed from this statement that she was a joint owner of the properties with H. W was doing all of the bookkeeping work in connection with the properties. H was committed to an insane asylum from which he was discharged about 6 months later. H then went to live with his brother on Long Island. W continued to manage the properties until May 1953 when D took over the collecting. He continued the collections and management until W was appointed receiver in this action. During the years from 1952 to 1957, W in good faith and believing that the property was jointly owned by H and W paid from her own funds for taxes, insurance and liens on the various parcels the following sums: 50 Adams Street, Baldwin, N. Y., $385.87; 46 Adams Street, Baldwin, N. Y., $71.80; 48 Washington Street, Baldwin, N. Y., $84.16; 50 Washington Street, Baldwin, N. Y., $859.64, a total of $1,401.47. W also expended from her own funds moneys for the premises 40 Washington Street, Baldwin, N. Y., but those premises were and are vested as tenants by the entirety. W prayed for judgment impressing a trust upon several parcels of real property set forth in the complaint; upon the proceeds of the sale of one parcel of property which had been sold prior to the action; declaring that H held said properties in trust for himself and P as tenants by the entirety and directing H to convey the legal title to the premises to H and W as tenants by the entirety. W also asked for an accounting of rents from H.