Mademann v. Sexauer

DORAN, J.

The complaint herein seeks to quiet title to five pieces of real estate claimed to have been held in joint tenancy by the plaintiff Herbert D. Mademann and wife Frances Mademann at the time of the wife’s death on November 1, 1950, and to cancel certain deeds.

Between February 1, 1937, and December 1, 1944, the husband purchased the real estate in question, residential property in Los Angeles County, with money owned by the husband before the marriage to decedent in November, 1936. Title was taken in the'names of the husband and wife as joint tenants on the advice of the wife’s brother, to the effect that joint tenancy and* community property were the same thing

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with the added advantage that if the joint tenancy form was used probate proceedings would be unnecessary upon the death of one of the spouses. Thereafter, on July 20, 1948, while in a hospital for leg amputations, the wife, without the husband’s knowledge, signed, and acknowledged deeds purporting to convey the properties in question to the intervener-appellant, Mary Kulas, the wife’s mother, said deeds being recorded July 22, 1948.- On October 22, 1948, Mrs. Mademann executed an holographic will which bequeaths certain community personal property to relatives but does not mention any real property.

Thereafter, on January 12, 1949, at Mrs. Mademann’s request, the appellant, Mrs. Kulas, signed and acknowledged three deeds purporting to reconvey the real estate to Mrs. Mademann. These deeds were kept in Mrs. Kolas’ safe deposit box in Winona, Minnesota until November, 1949, when Herbert Mademann discovered that the wife had deeded the property to Mrs. Kulas. Mrs. Mademann then requested Mrs. Kulas to return the deeds that the former had made to the latter, which deeds were then given to Mr. Mademann and recorded on December 7, 1949.

As hereinbefore indicated, Mrs. Mademann died November 1, 1951, and the defendant Benjamin F. Sexauer was appointed administrator with will annexed. Herbert Mademann then brought this action against the administrator to quiet title and appellant Mrs. Kulas intervened to quiet title to a claimed undivided half interest in the property. Mr. Mademann and Mrs. Kulas are the only heirs of the decedent Frances Mademann.