Appeal, No. 149, March T., 1950, from order of Court of Common Pleas of Allegheny County, Oct. T., 1947, No. 119, in case of Annie M. Payne v. Agnes R. Winters et vir. Order reversed.
George S. Goldstein, with him Lewis J. Nescott, for appellant.
Stanton C. Fogie, for appellees.
Before Drew, C.j., Stern, Stearne, Jones, Ladner and Chidsey, JJ.
OPINION BY MR. JUSTICE CHIDSEY
Annie M. Payne, appellant, filed her bill in equity against her son by a former marriage and daughter-in-law, Edward and Agnes R. Winters, to compel a reconveyance of real estate which she had transferred to Mrs. Winters. The gravamen of the bill was failure of
consideration and breach of a contemporaneous oral agreement providing that appellees should maintain, support and provide a home for appellant for the balance of her life. The chancellor, after hearing, held that a breach of the agreement had not been shown and dismissed the bill. This appeal is from the order of the court en banc dismissing exceptions to the adjudication and entering judgment in favor of appellees.
Appellant contends that the findings of fact are contrary to the testimony given by Edward and Agnes Witners and, therefore, arbitrary and without support in the record. Findings of a chancellor affirmed by the court en banc will be disturbed on appeal only where not supported by the evidence or where arbitrarily or capriciously made. Conclusions of subject of judicial review. Where the decision rests upon ultimate inferences and conclusions to be drawn, the appellate court is under a duty to make such determination: Noonan Estate, 361 Pa. 26, 30, 63 A.2d 80.
Annie M. Payne, plaintiff appellant, on January 24, 1942 conveyed to Agnes R. Winters the real estate of which she was then seized and where she, Edward and Agnes Winters and her son John Payne had together resided since the purchase of the property by Mrs. Payne in 1933 with proceeds from policies of insurance upon the life of her second husband. The home was a five room house with three rooms on the first floor and two on the second. She lived with her son John on the second floor. The Winterses, appellees, occupied the first floor. Edward paid no rent during the entire period. Taxes became in default and repairs became necessary.
Edward and his wife orally agreed with appellant who was then 60 years of age that if the property were transferred to him ...