Clemons v. Fosback

Jake Soffa died testate. Donna Fosback, the residuary legatee, filed a motion in the probate to set aside an executor’s deed transferring certain real estate to Orville Clemons. From a denial of the motion and the entry of a decree of distribution, she appeals.

Prior to 1953, Clemons was renting the real property in question from Soffa. In 1953 a fire occurred in the building on the premises. During reconstruction of the building, the contractor and Soffa had a dispute resulting in the contractor’s leaving the building unfinished. Thereafter, it was agreed Clemons would finish the building. To…