Lowe v. Ruhlman

PETERS, P. J.

Plaintiffs, Helen M. Lowe and Elsa K. Dernkam, who are legatees of certain real property under the will of Josephine Wester, brought this action against Albert J. Ruhlman and others for the purpose of having it determined that Ruhlman’s life estate in the property had terminated by reason of Ruhlman’s alleged breach of a condition subsequent. The trial court determined that there had been no breach of the condition. Prom the judgment denying plaintiffs’ prayer to quiet their title against Ruhlman this appeal is taken.

Por many years prior to 1936 Josephine Wester and Albert Ruhlman were business associates. Ruhlman had been married in 1894 but thereafter became estranged from his wife. In 1936 he and Josephine Wester were living together on the property in question, a residence in San Francisco owned by Josephine. The complaint alleges that “on or about October 9, 1936, one Josephine Wester, being then the owner in fee of the realty hereinafter referred to, made, executed and delivered to defendant Albert J. Ruhlman” the document which forms the basis of Ruhlman’s claim to a life estate in the property. Thus there is no issue over the execution and delivery of the document. Because of the nature of the contentions of the parties this document should be set forth in full. It reads:

“Subject to the conditions and reservations hereinafter contained, JOSEPHINE WESTER, hereinafter called the ‘Grantor’ does hereby grant to ALBERT J. RUHLMAN, hereinafter called the ‘ Grantee, ’ an estate for the term of his natural life in and to those certain premises in the City and County of San Francisco, State of California, situated on the east side of Arguello Boulevard, north of Clay Street, known and designated as ‘No. 126 Arguello Boulevard. ’

‘ ‘ The right of the grantee to the use and occupancy of said premises shall commence upon the death of the grantor, and said grantee shall thereupon have the right and privilege of residing upon and using said premises as his dwelling place rent free and without obligation to make expenditures for taxes, insurance or for such repairs as may be necessary to maintain said premises in tenantable condition.

[831]

“The life estate hereby granted, including each and all of the rights and privileges of the grantee hereunder, shall continue only as long as, and upon condition that, the said grantee hereinabove named shall personally reside upon, occupy and use said premises as his permanent abode or residence and shall permit no person or persons to share with him such use and occupancy except only any one or more of those who shall have succeeded by devise or descent to the grantor’s interest in said property, their spouses and children.