Green v. Whiting

DORAN, J.

The record discloses substantial evidence to the effect that on May 11, 1950, the decedent, Jack H. Green, acquired by grant deed certain vacant property in Arcadia, California, from a brother and sister-in-law, William and Letha Green. The purchase price was $2,500, instalment payments thereon being made by Martha and Stanley DeGroof, and not by decedent. At the time of decedent’s death on December 3, 1954, there remained an unpaid balance of $1,289.60.

Construction loans were secured by the decedent and later paid off by the proceeds of a California Department of Veterans purchase contract, instalment payments thereon being made by Martha and Stanley DeGroof, which payments included principal, interest, taxes, and the premium on a policy of life insurance on decedent’s life. At the decedent’s death a balance of $6,937.60 was paid off in full by the life insurance, and on June 10, 1955, the Department of Veterans Affairs conveyed the property to “The Heirs or Devisees of Jack H. Green, Deceased.” '

It appears that the decedent had executed a purported “Last Will and Testament” which, however, was invalid, having been notarized instead of being attested by witnesses. In this document, introduced in evidence, the decedent states that “The house and lot known as 1600 So. 6th Ave., Arcadia, Calif, although in my name is in fact the property of Constant and Martha DeGroof (who has been my constant companions for a number of years because all monies invested in construction, repair, upkeep, insurance, etc. have been paid by the DeGroofs with not one cent invested by me. The time I have invested in this project was and is a gift to them as a token repayment of care and kind consideration of me by them. Household furnitures are also included on above. ’ ’

An action was filed by the DeGroofs to enforce in the alternative a resulting or an express trust in the property. The time for the administratrix, decedent’s daughter Annetta Green Whiting, to answer or otherwise plead to this action was extended by stipulation in view of pending negotiations for compromise; no pleading was ever filed by the administratrix and a compromise agreement eventually was executed.

[27]

Appellants, Gladys L. Green, a creditor, and Ernest Green, an heir at law, appeared as objectors at the hearing for approval of the compromise. The matter was thereafter taken under submission, written points and authorities were filed, and the compromise ultimately approved.