Benasutti v. Costalas

RYDER, Acting Chief Judge.

This appeal is from a summary judgment in favor of appellee. The summary judgment dismissed appellant’s complaint for declaratory judgment which requested that the court give effect to an agreement between appellee and appellee’s deceased husband. The agreement required the husband to satisfy a mortgage on a parcel of real property titled in the husband and appellee’s names jointly as husband and wife. The agreement then stated that, in the event appellee survives her husband (which she did), appellee was to convey the property to herself and appellant as tenants in…