Morse v. Custis

TUTTLE, J.

This action was brought to have the court adjudge that respondent Hattie Thompson holds certain real property in trust for appellants, and to require respondent to render an account. The trial court found against the contention of appellants, and judgment was entered accordingly. The appeal is from such judgment, and is based upon the judgment roll alone. The sole question is whether or not the findings support the judgment.

The essential facts and background as disclosed by the findings are as follows: Mary E. Morse executed a grant deed to Hattie Thompson, her daughter. Attached to the deed was an instrument signed by the grantor, and reading as follows:

“West Los Angeles, Calif.,

“December 22, 1932.

“I request Hattie Thompson whenever this property is sold to pay to each of my heirs, share and share alike, the proceeds from the sale of this property described as Lot Twelve, in Block Ten, of San Vicente Park, in the City of Los Angeles, Calif.

“ (Signed) Mary E. Morse.”

The deed was delivered to a son of Mary E. Morse, with a request that he deliver it to the grantee upon the death of the grantor. Upon the death of the latter, the deed was duly delivered and recorded. The judgment reads:

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“That the legal title to Lot 12 in Block 10 of San Vicente Park, in the City of Los Angeles, County of Los Angeles, State of California, as shown in Map Book 12, at page 62, in the office of the Recorder of said County, is held by defendant, Hattie Thompson in trust for the heirs of her mother, Mary E. Morse, as beneficiaries; that said heirs are Mahlon T. Morse, James M. Morse, Alfred N. Morse, Pearl Custis, Hattie Thompson, Bernice Jacobs and Dorothy Kumpher; that while she so holds said title, she shall have the possession of, and the right to use said property, and to lease it to others, and shall have the rents, issues and profits thereof; that such part of said rents, issues, and profits as may be necessary for the purpose of paying taxes and assessments levied on said property and of preserving the

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