Ball v. Mann

WILSON, J.

Lester C. Mann, now deceased, and Maxine E. Mann (true name Neff), without benefit of marriage vows, began living together as husband and wife in 1928. During the period of their cohabitation they acquired real property which they owned as joint tenants. Two children were born to them. Fearing that their fondness for intoxicating liquor might lead to the loss of their property and the resultant deprivation of their children of maintenance they conveyed the property on August 8,1942, to defendant J. Vendes Mann, Lester’s brother. As a part of the same transaction they executed a trust agreement reciting that the conveyance was made to provide support for their children.

Lester died in April, 1945. Á controversy then arose as to whether a trust had beén created and if so what disposition should.be made of the property after the purposes of the trust had been fulfilled. Joseph A. Ball, as administrator of Lester’s estate and as guardian of the two children, brought this action for declaratory' relief

to

obtain a determination of the court whether any title remained in Lester after the deed to Vendes or whether by the conveyance the title to the property was vested in Vendes in trust for the children. Vendes and wife answered, alleging (1) that the conveyance was made to secure loans made by Vendes to Lester and (2) that it was made also to vest title in Vendes in trust for the children. At the trial the first defense was waived and Vendes asked the court to adjudge that the children were the sole beneficiaries of the trust. Maxine answered and alleged that when the deed was executed she and Lester were about to separate and thereafter did separate; that the conveyance was made on condition that the property would be reconveyed to her and Lester if they should become reconciled and that a reconciliation was subsequently effected.

[697]

The trial court found and adjudged that the property was conveyed to Vendes in trust for the minor children; that the trust shall continue until the younger child shall reach the age of majority, at which time the trust shall terminate and the balance of any property on hand shall be distributed to the children equally; that Maxine had no right, title or interest in the property. She has appealed from the judgment.