Turino v. Capra

SALSMAN, J.

Rose Capra and Margherita Dadone appeal from a judgment cancelling a deed to them from their

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stepmother, respondent Teresa Turino, on the ground that it was procured through undue influence.

Appellants contest the sufficiency of the evidence to support the judgment. They assert that respondent’s complaint does not state a cause of action against Margherita Dadone, and contend the trial court erred in refusing to admit certain evidence offered to show that respondent held the property in trust for them.

We resolve these contentions against appellants and therefore affirm the judgment.

Respondent Teresa Turino was born at San Antonio, Italy, in 1877. She came to the United States with her husband Giuseppe in 1922. Appellants are Giuseppe’s daughters by an earlier marriage. In 1933 the Turinos purchased a house and lot on Montgomery Street in Oakland. It is this property which is the subject of the dispute between the parties. Respondent’s husband died in 1952. At the time of trial she was residing in the house on Montgomery Street. Teresa speaks very little English. Her testimony was given in the Italian Piedmont dialect and translated by an interpreter. The relationship between the parties prior to this action was apparently close. Respondent testified that she and her husband had lived with appellant Dadone from 1923 until the house was purchased. Teresa was disabled with a heart ailment in 1960, and she was cared for by appellant Capra during a portion of her convalescence. Mrs. Capra assisted respondent in her business affairs prior to 1960 and assumed complete control of them thereafter.

Wills made by Teresa and her husband, and later by Teresa alone, devised the property in question to appellants. In January 1961 respondent decided to sell her house and for this purpose listed it with a real estate agent.

On February 7, 1961, appellant Capra brought respondent to the office of their attorney, Eugene T. Nebiolo, and there Teresa executed a deed of her property to appellants. The deed contained a clause, “Saving, excepting and reserving unto the first party [Teresa] an estate for and during the term of her natural life.” Nebiolo prepared the deed, explained its contents to respondent, but did not read it to her. He acknowledged that he did not know whether respondent understood the effect of the instrument which she signed. At trial respondent was asked, ‘ ‘ On February 7, 1961, when you signed this instrument, did you intend to make a present gift . , , or did you intend to make a gift after death.” She