Kornbau v. Karras

DORAN, J.

This is an appeal from a judgment following an order granting a motion for a nonsuit. Appellants herein, Lucy Kornbau and Georgia Burre, contested the probate of the will executed by their father, Henry Burre, who died on February 7, 1938.

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The will, dated March 5, 1931, nominated the decedent’s sister, Bertha E. Karras, respondent herein, as executrix, and devised and bequeathed all of the property of which he was possessed to her.

The facts as shown by the uncontradicted evidence are as follows: The decedent, Henry Burre, and his family formerly lived in the State of Missouri. In 1924 Mrs. Burre died and the home was broken up. The children were adults at the time; there were'five daughters, all married except one, and two sons. Mr. Burre subsequently- made a trip to his old home in Indiana to attend the funeral of his father. He there met his sister, Bertha E. Karras, and they joined in a plan to move to California, where they lived together with the respondent keeping house for the decedent, until 1930, when Mrs. Karras married. Thereafter Mr. Burre resided alone on a ranch in Lancaster about six miles from his sister’s home, although he took most of his meals with her.

Mrs. Karras held certain property in joint tenancy with the decedent with regard to which she testified as follows: “Q. Isn’t it a fact, Mrs. Karras, that you held certain property in joint tenancy with him? A. Yes, sir. Q. When did he acquire that property in joint tenancy? A. Well, as we went on I had money when we came to California, and as he did not have anything to make a living, so I took my $500.00, the $600.00 I had after my husband passed away, and the property that was sold at Vincennes that belonged to our father, that was part of the inheritance that he received also, and put into affairs to make our living together.” Mrs. Karras testified that she helped her brother, who was a carpenter by trade, in many ways; for example, she testified, “I helped him dig cesspools there at the place, I helped put up a windmill. I helped him with sanding floors-at different times, and I helped him get along before he received this money from his son.”

In 1931, Mr. Burre received word that his son, Edward, who had been “missing” for about fourteen years, was dying in a hospital in Palo Alto, California. Mr. Burre and Mrs. Karras made a trip to the hospital to see him. At this time they met one George L. Lang, who was an attorney for the Legionnaires. The son died shortly thereafter, and apparently left his estate to his father. Mr. Burre again went to San Francisco to straighten out the son’s affairs, and Mrs. Karras again accompanied him. Mr. Lang was consulted in