Hill v. Jacobs

McCOMB, J.,

pro

tem.

This is an appeal from a judgment in favor of respondent predicated upon the trial court’s granting respondent’s amended petition to terminate a joint tenancy to certain real property situated in the county of Los Angeles, state of California.

Viewing the evidence most favorable to respondent

(Ah Gett

v.

Carr,

3 Cal. App. 47, 48 [84 Pac. 458]), the facts in the instant ease are:

Respondent’s testator, Sidney A. Hill, and appellant’s testatrix, Hattie F. Hill, were husband and wife. There was deeded to Mrs. Hill as her separate property a certain parcel of real estate located in the county of Los Angeles, state of California, herein designated as the Golden Avenue property. Thereafter when the wording of this deed was called to her attention, she expressed surprise, stating she understood the property was held in joint tenancy. Subsequently Mrs. Hill suffered a paralytic stroke. September 3, 1930, while in the hospital, she executed and delivered to Mr. Hill a deed to the Golden Avenue property in which they were named as joint tenants. At this time she was of sound mind and not operating under undue influence. Mrs. Hill died September 7, 1930. On January 31, 1931, Mr. Hill filed an amended petition to terminate the joint tenancy to the Golden Avenue property theretofore existing between himself and his wife. An answer and objections to the granting of the prayer of the amended petition were filed by Mrs. Hill’s executrix. Shortly thereafter Mr. Hill died and his executrix was sub

[328]

stituted in his place and stead as petitioner in the amended petition to terminate the joint tenancy.

Appellant relies for reversal of the judgment on these propositions.

First: The evidence was insufficient to support the findings of fact.

Second: A confidential relationship existing between a grantor and grantee, the presumption of undue influence can only be overcome by evidence that the grantor had independent advice.