Ogg v. Gunderson

MOORE, P. J.

The primary contention presented by appellant is that the evidence does not support the finding that the grantor executed and delivered to the grantee the deed whereby the latter became vested with title to the property described in the conveyance.

The testimony of Attorney Richard J. Keller and of defendant Nehls establishes that for some years prior to July, 1943, Attorney Ogg acted as counsellor for decedent Katerina Czech. In that month she moved into the orbit of the influence of Nehls, her business agent, and for a time thereafter relied upon him for guidance. On July 24 she requested him to prepare a deed conveying her home on Palm Avenue in Alhambra to defendant Erma E. Gunderson, hereinafter referred to as respondent. After conversing with both women at Mrs. Czech’s home and after being told by that lady of her preference not to call upon Attorney Ogg concerning her gift to respondent, Nehls repaired to his office, prepared the deed, returned for the signature, explained the purport of the conveyance and after its execution affixed thereto his notarial certificate of the grantor’s acknowledgment. At the same meeting Mrs. Czech stated that she wished to make a new will. Four days later, pursuant to arrangement, the ladies accompanied Nehls to the office of Attorney Keller, a stranger to Mrs. Czech, for the purpose of having him prepare for her a new will. After he had read the deed which was exhibited to him by Nehls, Mr. Keller explained in simple and intelligible words that the effect of the deed she had executed was to make a gift entitling the grantee to immediate possession and that by virtue of its delivery she could be dispossessed by the grantee. Thereupon decedent stated that

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she was making the conveyance cheerfully in compensation for services of a faithful friend; wanted respondent to have the home, and took the deed from the lawyer and placed it in the hand of respondent who said “Mrs. Czech, you can live in that house just as long as you want to. I will never put you out.” Respondent in turn requested Nehls to hold the deed and not to record it until after the decease of her benefactor.

After Mr. Keller had discussed the grant deed with the parties Mrs. Czech requested him to draw her a will and gave the attorney the names of the beneficiaries, but stated that she wished respondent to have the home place “right now” and not after her demise. The will was then drawn, bequeathing other property to relatives but with contingent remainder to respondent.