Gillette v. Nicolls

MUSSELL, J.

This is an action to quiet title to real property in the city of San Diego. Plaintiff’s claim to title is based upon a joint tenancy deed executed by her sister, Mary M. Nicolls, on February 1, 1951. Mary M. Nicolls died on or about July 24, 1951, and title to the property thereupon passed to plaintiff as the surviving joint tenant. On or about April 23, 1951, while Mary was ill and in a sanitarium, her brother, John, the defendant in this action, visited her and complained to her about having no part in her estate and stated that he felt he should be her sole heir. Mary then prepared and signed the following writing:

“Monday—April 23/51

“An Agreement

Re Nicolls Real Estate in S. D.

“In order to avoid as much misunderstanding as possible and to add to the happiness & security of all we agree to the following and set our signatures to this paper to confirm our intention of carrying out the following suggestions—

“(1) So long as Mother lives things shall continue as of the present time—

“ (2) After Mother’s death, Evelyn shall take over complete management of said property—

“(3) John is to have an apartment or whatever living quarters are used in the new investment—since it quite likely that a property with

more

rentals can be had in exchange or in place of for present property—

“(4) After Mother’s death John is to have a

life long interest

in an adequate place to live

rent free

and to share with Mary Elizabeth equally if Evelyn should pass on unexpectedly.

/s/ Mary M. Nicolls /s/ Evelyn Gillette

“Nothing in the above shall keep Evelyn and John from making additional plans if they so wish—”

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