Bochte v. Chess

WHITE, P. J.

Plaintiff appeals from a judgment for defendants entered after demurrers to plaintiff’s complaint were sustained without leave to amend.

Plaintiff is the daughter, and residuary devisee under the will, of Melba Meeker, deceased. As is set forth in the complaint, the decedent by her will, after making certain specific bequests, directed that her 18-acre grapefruit grove be disposed of as follows:

“I give and bequeath my eighteen acre grapefruit grove, located on Wilbur Avenue, Northridge, California, to Myer W. Chess, now residing at the Knickerbocker Hotel, Hollywood, California, in trust, to hold, however, for the following purposes:

“That he pay one hundred ($100.00) dollars per month to my mother, Nannie Joslyn, during her lifetime, and that at her death he pay her funeral expenses, and that at the death of my mother the said eighteen acre grove to become the sole property of Myer W. Chess.”

Plaintiff’s complaint is denominated “Petition for Determination of Heirship and to Quiet Title to Beal Property. ’ ’ In the first cause of action it is alleged that Meyer Chess (named as trustee in decedent’s will) died intestate in May, 1952, and that defendant Morris Chess was appointed administrator of his estate; that in the probate proceedings had in the estate of Melba Meeker, in June, 1946, a decree of distribution was entered which included the following reference to the real property here in dispute:

“The real estate described as follows: ... is hereby distributed to Meyer W. Chess in trust for the following purposes : That he pay $100 per month to Nannie Joslyn during

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her lifetime and at her death he pay her funeral expenses and-at the death of said Nannie Joslyn said real estate shall become the sole property of Meyer W. Chess. It is ordered by the court that the said trustee protect the said property during the lifetime of Nannie Joslyn against all liens, including taxes, and that the title to the said property remain in Meyer W. Chess in trust for the purposes above set forth.”

It is further alleged that pursuant to the decree of distribution Meyer W. Chess “began operating as trustee and continued to act in said capacity until the date of his death on the 25th day of May, 1952. That on the date of the death of Meyer W. Chess, Nannie Joslyn was living and is now alive.” It is then alleged that the defendants (the surviving brothers, nephew and niece of Meyer W. Chess and a nephew and niece of decedent Melba Meeker) claim an interest in the real property and that “the rights of such persons so claiming an interest in said real property have not been determined by any court of competent jurisdiction.”