Lewelling v. McElroy

This is an action to cancel a deed to real estate on the ground that the consideration therefor was a promise to care for the grantor during her lifetime. The grantee died before the grantor. The trial court canceled the deed on condition. We affirm the judgment of the trial court.

The grantor brought this action. She died during its pendency but after she had testified. The action was revived in the name of the executor of her estate, and her nephew Bertwell and his wife. For that reason the original plaintiff will be referred to herein as the grantor. The grantee in the deed will be referred…