Morrow v. Morrow

612 P.2d 730 (1980)

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Nature of the Case

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Facts

Warren and Betty (Ps), husband and wife, brought this action to recover for services rendered to the decedent Maude Morrow. Maude was the mother of Warren and Woodye Morrow (D). Ps also sued Woodye's son Dennis (D1). Ps sought to set aside a conveyance of certain mineral interests from D to D1. This conveyance was made without consideration. D had acquired title from Maude by warranty deed. Ps claim that after receiving title to Maude's real property, D orally agreed with Ps that if they would care for Maude that on her death D would sell the property and first pay Ps for the care of Maude and divide the remainder equally among her heirs. Ps claim D breached the deal when he conveyed the property to D1. Ps sought compensation for their services and to set aside the conveyance to D1. The trial judge relied on the general principle that family arrangements are not presumed to be attendant with contractual consequences. The court ruled against Ps on the services but set aside the conveyance and ordered the proceeds distributed evenly among Maude’s heirs. Ps appealed.