Kilstrom v. Bronnenberg

DORAN, J.

The appellant’s brief states that “on or about March 13, 1948, plaintiff turned over to her father (George Marion Fuller) money belonging to her amounting to $7,-193.30 in cash on the understanding between them that he was to hold it in trust for her pending the investment thereof. . . . before it was invested he died intestate on April 5, 1948, possessed with the money.”

It is also claimed that “the money has been turned over to or has come into the possession of Jemima Fuller,” George Fuller’s widow, who died in March, 1950. The respondent Bronnenberg, Mrs. Fuller’s son, is administrator of Mr. Fuller’s estate, and executor under the will of Jemima Fuller. Appellant’s claim for the money was rejected in the George Fuller estate; no claim was filed in the estate of Jemima Fuller.

Respondents admit that Mr. Fuller received the money in question but claim that the money rightly belonged not to the daughter but to the father. The trial court sustained respondents’ contentions and concluded that the appellant daughter was entitled to take nothing.

The record discloses that in August, 1947, George Marion Fuller conveyed to appellant daughter certain property in Long Beach. In March, 1948, the property was sold for $7,193.30, and paid for by an escrow check made out to the daughter, Valdene Kilstrom. The father and daughter took this check to the drawee bank and received $500 in cash on account, which sum was immediately turned over by Valdene

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to Mr. Fuller. Appellant now claims that this $500 was by way of a gift to the father. The balance of the purchase price, received shortly thereafter, was likewise at once delivered by Valdene to Mr. Fuller, who, appellant claims, was to hold the money as a trustee pending a purposed purchase of Oregon property by appellant.

There was. evidence that on other occasions Mr. Fuller had transferred property into the daughter’s name and that the latter had signed papers in connection therewith without claiming any interest in such property, and without being fully informed as to the facts. Evidence was also introduced to show that the father continued to collect rent from the Long Beach property after transferring title to the appellant; that no gift tax return in reference thereto was filed, and that no report of the sale was made in appellant’s income tax report.