248 N.W. 723 | Minn. | 1933
The action was brought by the administrator of the estate of Peter Malicki, deceased, to cancel two warranty deeds made by Peter and his wife to their sons Ignac and Clemens, the first of which deeds was made in consideration of the sons' contract to support their parents for life. The trial court found in favor of plaintiff in so far as the action related to the first deed.
July 3, 1914, Peter Malicki and his wife, then aged 67 and 62 years, deeded to these defendants the 162 acres of land in Benton county upon which they were all residing. There were four older children, who had left home. Ignac and Clemens were then 23 and 19 years of age. The life support contract was made in writing and specifically described the land so conveyed and in great detail set out the obligation of the sons in regard to support, specifying the supplies which they should furnish, as well as the amount of money per year which they should contribute. The trial court found that it was the intent of the contract that the sons should continue to reside upon the farm and personally care for and attend upon their parents.
As we view the law, it becomes unnecessary to pass upon the correctness of the court's construction of the contract. The respondent contends that the cause of action, if any, for breach of condition subsequent, which reposed in the parent grantors during their lifetime, survives and is available to their personal representatives, citing Fluharty v. Fluharty,
The order appealed from is reversed with directions to amend the conclusions and order for judgment in accordance with views here expressed and that judgment be ordered for the defendants.