Ziska v. Lerch Et Vir.

Opinion by

Kenworthey, J.‘,

•On April 14, 1943, plaintiff, the son of Jennie A. Ziska, filed a bill in equity to cancel the deed by which she, shortly before 'her death on February 6, 1943, con* veyjéd certain real estate to plaintiff’s sister and husband, the deféndants. The bill was based upon two allegations .-(1). that the mother lacked the required mental capacity, and (2) that the conveyance to de fendants was in violation of an oral agreement between plaintiff and his mother under the terms of which plaintiff agreed' to move into the home, take care of the property and look after and…