Monarco v. Lo Greco

Facts

Natale and Carmela Castiglia were married. Carmela had three children by a previous marriage, John, Rosie, and the defendant, Christie. Natale had one grandchild, Plaintiff Carmen Monarco, the son of a deceased daughter by a previous marriage. Natale and Carmela invested approximately $4,000 in a half interest in agricultural property. The other half interest was acquired by Rosie and her husband Nick Norcia. At the time Natale and Carmela invested in the venture, Defendant was still in his teens and resided with them. When he reached eighteen, he chose to leave the home to make an independent living. In order to induce Defendant to participate in the family venture, Natale and Carmela proposed that they would keep their property in joint tenancy so that it would pass to the survivor who would leave it to Defendant by will. Defendant performed his end of the bargain by remaining at home and working diligently in the family venture. He received only room and board and spending money. He gave up any opportunity for further education or a chance to accumulate property of his own. When he married, he asked to secure some present interest to support his wife, but Natale and Carmela denied the request stating that his new wife should move in with the family and Defendant need not worry because he would receive all the property upon their deaths. At some point before his death, Natale became dissatisfied with the agreement and decided to leave his half of the joint property to Plaintiff. Without mentioning it to Carmela or Defendant, Natale terminated the joint tenancies and revised his will leaving all of his property to Plaintiff. Upon his death, the will was probated, and Plaintiff brought this action for an accounting and partition.