Xydias v. Adamson

VALLÉE, J.

Appeal by Anthony J. Xydias, executor of the will of Marina A. Xydias, from an order of the probate court quieting title to a parcel of real property in her devisees and against his claims in his individual capacity.

Marina A. Xydias, a resident of Los Angeles, died testate on September 26, 1943, in Manila, Philippine Islands. Her will was admitted to probate in the Superior Court of the County of Los Angeles and letters testamentary issued to Anthony. The will bequeathed and devised all of her property to Anthony for life, remainder to Sofia G. Adamson, her daughter by a prior marriage.

In his petition for probate of the will Anthony referred to the property as an asset of the estate of Marina. On March 12, 1946, he listed the property, referred to as Lot 10, in the inventory in the estate of Marina as property belonging to her estate. He filed the inventory on October 29, 1946. On December 31, 1946, he again listed Lot 10 as an asset of her estate in an amended inventory which he filed January 25, 1947. On July 28, 1946, Anthony filed an amended first and final account and report and a petition for distribution. In the

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report he stated that he had conveyed Lot 10 to Marina “and to other relatives” without consideration and in trust for himself for the purpose of convenience and in anticipation of his predeceasing his wife; that upon the conveyance “it was always agreed” it should, except upon his death, he considered his separate estate; that it did not belong to her estate for the reason it never belonged to decedent in her lifetime. Objections were filed by Sofia G. Adamson upon the ground that Anthony failed to charge himself with and account for Lot 10 and the rents collected therefrom.

The probate court found that at her death Marina was the owner of Lot 10 in fee as her sole and separate property and that she did not hold it in trust for Anthony or in trust at all. The order quieted title in the devisees of Marina, decreed that title was vested in, and distribution should be made to, Anthony for life with remainder to Sofia G. Adamson, and directed Anthony to account for all monies received from the property. Anthony appeals.

Appellant contends that the findings are “contrary to the evidence and the law.” He argues that there was no evidence of delivery of the deed from himself to Marina with intent to convey title.