Verity v. Verity
New York Supreme Court
21 Misc. 2d 385, 191 N.Y.S.2d 204 (1959)
- Written by Tammy Boggs, JD
Facts
In 1915, Charles Verity (defendant) and Cora Verity (plaintiff) got married. Neither one had money or real property at the time, and the couple initially lived in a home owned by Charles’s father. Charles had a few horses, and he began earning money through farming and contracting work. Cora helped Charles to the extent she could, such as by picking and crating tomatoes. The couple purchased parcels of property using income from farming and contracting work, with Cora helping Charles. The deeds to the properties were held in Charles’s name. In 1924, Cora questioned Charles about the ownership issue, and Charles told her that it did not matter how the properties were titled because the properties belonged to both. Based on Charles’s statement, Cora believed she was a joint owner of the properties. For many years, Cora did all the bookkeeping work in connection with renting the properties and paying taxes. In 1953, Charles took over the work of property management. Between 1952 and 1957, Cora spent $1,401 of her own funds for taxes and insurance on the properties, believing she was a joint owner. Thereafter, Cora sued Charles, seeking to place a constructive trust on the parcels of real property and a declaration that Charles and Cora held the properties jointly as tenants by the entirety.
Rule of Law
Issue
Holding and Reasoning (Robinson Jr., J.)
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