People v. Stanford

THE COURT.

This is an appeal from a judgment of conviction of the crime of grand theft, after trial by the court sitting without a jury.

Appellant was employed as the attorney in a proceeding to probate the will of Edwin R. Stevens, deceased, by his widow, Jennie C. Stevens, upon the recommendation of Mrs. Edith Christy who had been a friend of Mrs. Stevens for forty years and who had known appellant since his childhood. Mrs. Stevens was about seventy-five years old at the time, was unaccustomed to business dealings and signed everything appellant gave her to sign. Upon appellant’s advice Mrs. Stevens applied for letters testamentary of her deceased husband’s estate and was appointed and qualified as executrix. Later, she resigned as executrix and appellant was appointed and qualified as administrator with the will annexed and administered the estate.

On March 5, 1936, and before the estate was closed, at the suggestion of appellant, Mrs. Stevens conveyed to appellant all of her property, including the property to which she was entitled as the sole devisee under her husband’s will, in trust for her life, the remainder upon her death to be distributed to designated persons. Appellant later prepared a letter dated July 18, 1936, authorizing him to invest $10,560 of

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the trust money in the purchase of property shown to her and Mrs. Christy. The letter stated that according to Mrs. Stevens’ instructions appellant was preparing for escrow the purchase of a residence on Palm Street in San Diego; that he was doing so in order that she might place a first mortgage on the place in the sum of $10,560; that he was not borrowing that sum or any sum from her, and that her only security was to be the mortgage on the house; that he intended to live there and pay $44 to her each month, which was the interest provided by the mortgage; that the mortgage was to be for five years and bear interest at the rate of 5 per cent per annum and renewable for an additional period of time at his option. Appellant procured title to said property to be vested in him and his wife, but in appellant’s escrow instructions no mention is made of any mortgage nor of any interest in the property on the part of Mrs. Stevens. Appellant procured fire insurance on the house, he and his wife being named as the assured with no mention of Mrs. Stevens’ interest.