Appeal, No. 163, March T., 1964, from order of Court of Common Pleas of Washington County, Sept. T., 1963, No. 185, in case of Serafino Tallarico, Maria Tallarico, also known as Mary Tallarico, Antonetta Tallarico Madosky et al. v. Goldie P. Bellotti, administratrix c.t.a. of will of Frank Tallarico, deceased. Order reversed.
Edward V. Sciamanna and Thomas J. Terputac, for appellant.
Francis H. Patrono and Patrono and Edwards, for appellees.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE ROBERTS
Appellees, children of Frank and Clara Tallarico, on October 5, 1963, filed an action to quiet title against the personal representative of the estate of their father.
The complaint alleges that prior to November 5, 1956, their mother owned four parcels of land in Washington County. On that day, Frank and Clara Tallarico (Frank and Clara) executed a writing wherein Clara promised to convey all of her property to herself and her husband as tenants by the entireties. The writing provided that: "In the event that either the Husband or Wife should remarry after the death of the other, it is hereby agreed that title to the said real estate shall pass to and be vested in the children of the Husband and Wife, their heirs and assigns in fee simple, from and after the date of the said remarriage."
The writing also stated that any child or issue of the husband and wife may seek its enforcement by filing an action in equity praying for the revocation and setting aside of the conveyance.
On that same day, November 5, 1956, Clara, by her deed, created a tenancy by the entireties in herself and her husband, but the deed made no reference to the agreement and imposed no condition upon the conveyance.
The complaint further alleges that Clara died on October 20, 1959, and that Frank, on November 5, 1960, married Maria Mauro (Maria) in Italy. Frank died August 31, 1963, a resident of Washington County. Goldie P. Bellotti was appointed his personal representative on September 27.
The complaint pleads a breach of the condition imposed by the writing of November 5, 1956, and prays that the deed of the same day be revoked and set aside and that the Court of Common Pleas of Washington County enter a ...