White v. Waters

McCOMB, J.

This is an action to quiet title to a parcel of land. The action was originally instituted by Margaret J. Waters, widow of Elias Waters, deceased, against Lily Edwards and Roy Waters, children of Elias Waters by a former marriage and his sole heirs at law. Margaret J. Waters died prior to trial, and her sons by a former marriage, William A. White, Albert H. White and George L. White, presented a deed from their mother and were substituted as plaintiffs. From a judgment in favor of plaintiffs, defendants appeal.

The evidence being viewed in the light most favorable to plaintiffs (respondents), and pursuant to the rules set forth in

Estate of Isenberg,

63 Cal.App.2d 214, 216 et seq. [146 P.2d 424], the essential facts are:

On March 28, 1937, Elias Waters had a family conference with his wife, Margaret J. Waters, age sixty-two, and two adult children by a prior marriage, Lily Edwards and Roy Waters, for the purpose of making a division of Elias Waters’ property. An amicable division was agreed upon. Elias Waters then requested his attorney to prepare deeds, which was done, and on March 29, 1937, in the presence of his wife, two children, his attorney and a notary public, Elias Waters signed and acknowledged three joint tenancy deeds. In one deed Mr. Waters, as grantor, conveyed to himself and his wife, Margaret J. Waters, as joint tenants with right of survivorship, the property which is the subject of the present litigation. This deed, with two other deeds, was then handed by Mr. Waters to his wife with instructions to record the three deeds after his death. Mr. Waters died April 4, 1937. After his death Mrs. Waters caused the joint tenancy deed to be recorded in the county recorder’s office at Los Angeles. Approximately three years later, Mrs. Waters was advised by a title company that Roy Waters and Lily Edwards claimed that her title was defective because the deed to her had never been delivered. The present quiet title suit was then instituted which resulted in a judgment from which the present appeal is prosecuted.

[519]

There are two questions presented for our determination which will be stated and answered hereunder seriatim:

First:

Did the trial court properly consider a change which Mrs. Margaret J. Waters made in her deposition at the time she signed it?