Reeve v. Phillips

THE COURT.

COURT.—This appeal is taken by Vernon J. Reeve, administrator of the estate of Cora E. Mitchell, from a judgment for the defendants in an action to quiet title of the estate to real property claimed to be a part thereof. John W. Mitchell was appointed executor of the last will and testament of his wife. On March 4, 1931, J. W. Mitchell executed an agreement to sell the property in dispute to McKee and Albertson. The agreement recited “This sale shall be consummated upon distribution of the above described property by the undersigned, J. W. Mitchell, in the Estate of Cora E. Mitchell, deceased, or upon an order of court confirming this sale to the undersigned purchasers.” Decree of distribution was entered August 31, 1931, by which this parcel was distributed to John W. Mitchell. The children of Cora E. Mitchell by a former marriage appealed from the decree of distribution. Pending the appeal J. W. Mitchell died and Vernon J. Reeve, son of the former marriage, was appointed administrator of the estate of his mother. Mary Anita Phillips, daughter of John and Cora Mitchell, was

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appointed executrix of the last will and testament of her father and is one of the defendants here. Additional facts appear in the opinion in the appeal from the decree on distribution,

Estate of Mitchell,

S. F. No. 15643 [70 Pac. (2d) 605], this day filed.

The land in dispute called “Rock Ranch” was a part o-f the estate of O. J. Reeve and was distributed to his son Vernon J. Reeve. In 1919 Vernon J. Reeve conveyed it to his mother and stepfather in exchange for property known as the “Tracy property” and $1,000. The Mitchells acquired the Tracy property in 1916 by deed to “ J. W. Mitchell and Cora B. Mitchell, his wife”. The appellant seeks to quiet title to the whole parcel on the ground that it was separate' property of his mother, the Tracy property having been purchased with her separate funds, which had come to her through the estate of her former husband. The respondents contend that an undivided half of the parcel was community property which passed to J. W. Mitchell upon his wife's death and that the other half he acquired by distribution under his wife’s will. The defendants McKee and Albert-son concede they took with notice of the administration proceedings as to the half which came to J. W. Mitchell through his wife’s estate but that, as to the other half interest, if any resulting trust arose by reason of the investment of the private funds of Cora B. Mitchell, they are