Cartwright v. Cartwright

McCOMB, J.

From a judgment in favor of defendants after trial before the court without a jury in an action seeking to recover certain real and personal property alleged to belong to the estate of plaintiff’s decedent, plaintiff appeals.

Facts:

On February 11,1944, Benjamin B. Cartwright and his wife, Mary E. Cartwright, subscribed, acknowledged and delivered to defendants herein a deed to a parcel of real property located in Alhambra, California. The property was held in joint tenancy by the grantors. Thereafter Mary E. Cartwright told Attorney Ogg that she wanted to deed Lot 14 to Alexander B. Cartwright, Sr., and Lot 15 to her grandson, Alexander B. Cartwright, Jr., with Mary E. and Benjamin B. Cartwright retaining a note for $750 secured by a trust deed on Lot 15, said note and trust deed to be signed by Alexander B. Cartwright, Jr., and his wife Cecile Cartwright. The documents were accordingly prepared by Attorney Ogg, the deed signed by Mary E. and Benjamin B. Cartwright as grantors, and a note and trust deed from Alexander B. Cartwright, Jr., and Cecile Cartwright was executed in the sum of $750 in favor of Mary and Benjamin Cartwright. At the same time Benjamin B. Cartwright told Attorney Ogg to have the note and trust deed on Lot 15 made out to Mary E. Cart

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wright. The same date Mary B. Cartwright assigned the note covered by the trust deed on Lot 15 to her son, James L. Cartwright. Mary B. Cartwright instructed Attorney Ogg to hold the deed to Lot 15 for her, as well as the note and trust deed in the amount of $750, until she died, then the deed was to be recorded and the deed of trust given to plaintiff. After her death Attorney Ogg recorded the deed and gave the trust deed and note to plaintiff James L. Cartwright. Thereafter the note was paid in full to plaintiff and he signed a quitclaim deed on February 26, 1946, on Lot 15 in favor of Alexander B. Cartwright, Jr., and Ceeile Cartwright.

After the death of Mary B. Cartwright there was found a document denominated a “gift list” in the nature of a holographic will which was filed with the County Clerk of Los Angeles, October 1, 1947, but never probated. This document signed by Mrs. Cartwright purported to dispose of certain personal property which she owned. Defendant, pursuant to the gift list, distributed the personal property to various persons named therein.