Emden v. Verdi

FOX, J.

Edith Verdi appeals from that portion of the judgment decreeing that she held title to certain real property in trust for the decedent, Victor C. Emden, his heirs and devisees.

The property here in controversy is located on Hollister Avenue, in Santa Monica, and consists of a two-story residence on the front of the lot, with separate living accommodations on each floor, and two other residences in the rear. Decedent purchased this property in August, 1943. Title was placed in the name of appellant Verdi, who was not related to him. Decedent, however, paid all the taxes and repairs on the property. He took out insurance on the property in May, 1945, in his own name. Appellant Verdi occupied the downstairs living quarters in the two-story house. The other rental units were listed under the Office of Price Administration by Mr. Emden. He passed away in August, 1945, approximately two years after he purchased the property.

In 1933, when Emden was in his late fifties, he married Edith’s sister, Sally, who was in her early twenties. Tn 1940 Sally informed Emden that she was in love with another man. Emden thereupon established residence in Nevada and secured a divorce early in 1941. Sally married a month later in Hawaii. They remained, however, on cordial terms. During Emden’s marriage a close relationship had developed between him and her family. This relationship continued after Emden’s and Sally’s separation and divorce; in fact, Edith and a friend of hers accompanied him to Nevada when he was in search of marital freedom. He paid their expenses. Thereafter, when Edith and her husband were divorced, Emden paid the rent on the premises occupied by Edith and

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her mother at two locations. Edith and her husband remarried in 1946 after Emden’s death. In the meantime Emden spent considerable time with Edith and her family. She acted as his chauffeur, for which he paid her $20 per week and expenses. He also paid her transportation to New York in 1944 to visit a sister who was ill.

In the summer of 1943, according to appellant, she and her son, her mother and Sally’s adopted son, were living together. The landlady objected to the children. The boys were sent to a camp. It was then, said appellant, that Emden told her to look around and see if she could find a house that would be large enough for the four of them; that he would buy it for her so they could all be together. The result was the purchase by Emden of the Hollister Avenue property. Testimony was given by friends of appellant of conversations with Emden wherein he stated he was going to buy a house for Edith, or indicating he had bought a house for her. She was introduced to tenants by Emden as their “new landlady.” The rent was thereupon paid to her.