Smith v. Condo

During his lifetime George H. Biggs conveyed certain property to Grace Condo and Ralph Condo, her husband, in consideration for their promise to move into his home and care for him during the remainder of his life. After the death of George H. Biggs, his executor, Ray Smith, filed a petition to sell real estate, including the property so conveyed. The petition alleged that the Condos had breached the agreement, but had refused to reconvey to the decedent, and alleged that the conveyance to them is a cloud upon the title to the property. The Condos moved to strike the allegations of the…