Trimble v. Coffman

GRIFFIN, J.

Martha Trimble, plaintiff, cross-defendant and respondent, brought this action to partition certain real property and crops growing thereon. A. B. Coffman, defendant, cross-complainant and appellant, filed an answer denying plaintiff’s claimed title, and a cross-complaint seeking to cancel a deed to plaintiff, executed by his joint tenant, and alleged it was procured without consideration, by undue influence, and in violation of confidential relationship. It is also claimed that the grantor of the joint tenancy interest held such interest in trust and was not authorized to convey it.

The trial court found against defendant’s several claims and in favor of plaintiff, ordered partition, entered its interlocutory decree appointing a referee, and provided a procedure to carry the decree into effect.

The evidence shows that defendant was an orange grower and had two sons. In August, 1942, he married Helen J. Scott. She was a real estate broker. At the time of marriage she owned certain personal property and an equity in some real property in Los Angeles County, which was subsequently sold. She had been ill for some time. After the marriage she underwent two operations. On May 11, 1948, she died of cancer. At the time of the marriage Mr. Coffman owned the home place where the parties lived and two other parcels of property. He sold the home place in July, 1943, and one parcel in March, 1944, for $50,000. The parties moved to a home owned by defendant in Garden Grove, which was sold in 1944. Mrs. Coffman told a broker that they would like to secure some income property. He showed them the Dunlap home located in a 10-acre orange grove in Fullerton, the property here involved. The purchase price was $35,000. As found by the court, $25,000 was paid by funds furnished by Mr. Coffman, and a note and trust deed for $10,000 was signed by both husband and wife. Title to the ranch was taken by them as joint tenants. The parties lived on the premises, worked the property, and the note was paid off from the proceeds of their crops and their efforts. Some weeks before

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the death of the wife a separation occurred and the parties were trying to adjust their differences. Mrs. Coffman had prepared for her a grant deed of her one-half joint tenancy interest in the ranch property, transferring it to plaintiff, Mrs. Trimble, her sister-in-law, and signed a will on May 10, in which she recited that the deed prepared by her was for the purpose of severing the joint tenancy between her and her husband. On that same day she executed the deed and handed it to plaintiff, who immediately recorded it. On May 10, plaintiff signed an acknowledgment directed to Mrs. Coffman, reciting: “I acknowledge that in connection with the deed to me of a one-half interest in the ranch and any funds turned over, that the same is received by me for all monies advanced for your care, or for other reasons, and to meet my expenses and trouble in looking after your affairs, and that the balance, if any, shall be turned over to your nieces and nephews in equal shares, as named in your will. ’ ’