Nunes v. De Faria

McCOMB, J.

Defendants appeal from a judgment in favor of plaintiff in an action to (a) quiet title to certain real property and (b) to cancel a joint tenancy deed executed by plaintiff to himself and defendants.

Facts:

Plaintiff married Laura E. Nunes who had two daughters by a previous marriage, Mrs. Emma G. De Faria and Mrs. Edith Hay, defendants herein.

During their marriage plaintiff and his wife acquired a

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parcel of real property as joint tenants. On January 28, 1949, Mrs. Nunes died and plaintiff as the surviving joint tenant became the sole owner of the property.

Immediately after the death of his wife while plaintiff was suffering from shock and was mourning her loss, defendants expressed great love and affection for plaintiff. Defendant De Faria suggested that he execute a deed of the aforementioned real property to himself and the two defendants as joint tenants. Defendant De Faria stated to plaintiff that the execution of such deed would not in anyway interfere with his possession of the property or with any disposition thereof he might desire to make;

Relying on this statement plaintiff executed such a deed. However when he subsequently desired to sell the property both defendants told him they would not consent to his selling it unless he gave them $11,000. Thereupon the present action was instituted.

Questions:

First:

Was there substantial evidence to sustain the trial court’s findings that defendants made false and fraudulent statements and representations to plaintiff in order to induce him to execute the deed above mentioned?

Yes.

Plaintiff testified that he had a conversation with defendant De Faria during which she suggested he execute a joint tenancy deed of the property to himself and the two defendants so that in the event of his death it would be unnecessary to have a probate of his

estate;

that during this conversation he said to her, “Well, supposing I want to sell this property?” to which she replied, “Well, that won’t interfere with the selling of it one bit. ’ ’