Tanner v. Estate of Best

MOORE, P. J.

After judgment by the Superior Court of Los Angeles County quieting the title in plaintiff to all of the assets of the said estate of said decedent, the “estate” appeals.

John L. Best departed this life November 11, 1936. Thereupon pursuant to her petition, plaintiff received letters of administration as a collateral kinswoman. As such administratrix, she took into her possession all of the property of decedent of which he died possessed, consisting of stocks and bonds which had been left in a safety deposit box in a bank. She caused notice to creditors to be published and subsequently filed an inventory of assets. In both her petition for letters of administration and in the inventory, plaintiff inserted notice of her claim of ownership of all of the property. Thereafter, on the petition of Lena Bender, the court determined that the true name of decedent was John H. Bender and that Lena Bender was his surviving wife.

Instead of filing a final accounting, plaintiff in her individual capacity commenced this action in the superior court, naming as defendants Estate of John L. Best, sometimes known as John L. Bender, Joseph A. Ball, Lena Bender, and

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other defendants whose true names were unknown at the time of filing the complaint. The nature of her action was. to quiet title in herself to all of the assets of the estate.

At the trial of the action plaintiff based her right of recovery upon the force and virtue of a certain writing executed by decedent under date of October 28, 1933, and upon her participation in the purchase of said assets. In other words, her proof indicated to the trial judge that she was not only part owner in the property but that decedent’s interest therein had been given to her by him. The evidence was sufficient to justify the judgment were it not for other considerations discussed hereafter.

In an attempt to meet the contentions and the evidence offered by plaintiff, the “estate” urged that said writing was neither evidence of a completed gift nor evidence of an indebtedness on the part of the decedent; that the evidence was insufficient to support the allegation that Mrs. Tanner held legal title and that the complaint did not allege facts which would justify equitable relief.