Huth v. Katz

GIBSON, C. J.

George Wagner- died intestate October 7, 1943, leaving a daughter and some nephews and nieces surviving him. When his safe-deposit box was opened after his death, it contained two instruments dated June 29, 1943, by which decedent purported to transfer most of the property he owned to plaintiff, who does not claim to be related to him. One of the documents was an unrecorded gift deed to a house and lot on York Street in San Francisco, where decedent was living at the time of his death; the other was an assignment of a promissory note secured by a deed of trust. Plaintiff instituted this action to quiet title to the property described in the two instruments, and she has appealed from a judgment against her.

The sole question is the sufficiency of the evidence, and in our opinion it supports the finding and conclusion of the trial court that there was no valid delivery of the deed and assignment to plaintiff and that decedent did not intend that any interest in the property should pass during his lifetime.

The evidence relied on by plaintiff to establish a delivery of the documents consists mainly of her testimony and that of F. R. Webb, a real estate agent who prepared the deed and assignment for decedent at his request.

Plaintiff testified that she had known decedent since she was nine years old, when her mother became housekeeper for his brother John. She lived with her mother in John’s home and was known as “Callie Wagner” until she was married in 1932. Plaintiff called John “father,” and decedent sometimes

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referred to her as his "niece.” Plaintiff saw decedent frequently, and for several years she went to his home twice a week to clean his house and do his washing and ironing. About a year before his death decedent told her that he intended to transfer his property to her and that Mr. Webb would “draw up the papers for it.” On or about June 29, 1943, plaintiff went with decedent to Webb’s office, where she met Webb for the first time. According to plaintiff, Webb handed the deed and the assignment to decedent, who in turn handed them to plaintiff saying,

“

They are all yours, Kid, they belong to you now.”