Morghee v. Rouse

KINGSLEY, J.

This is a dispute between a brother and sister over real and personal property of their now deceased parents. Plaintiff, suing as administrator-with-will-annexed of his mother’s estate, and as sole devisee thereof, seeks to quiet title to certain real and personal property. Judgment was for defendant. Plaintiff is appealing only from that por

[747]

tion of the judgment which quiets title to all of the real property in defendant as her separate property. In light of this factor, only the facts pertaining to the real property are set forth.

The litigants’ parents were married in 1911 and lived together until 1929. Thereafter, they chose to live separate and apart from each other. Despite a separation of some 30 years there had never been a divorce or written property settlement agreement between them.

The real property will be designated as the “Idaho” and “Spaulding” property. Although the record indicates that the “Spaulding” property was acquired during marriage, there is no indication in what year the property was acquired. The Idaho property was acquired in 1926, with record title in the father’s name.

1

The trial court found these properties to be community property. This finding, like any other finding founded upon substantial evidence, is binding and conclusive upon the appellate courts.

The mother died on February 5, 1959, leaving a will bequeathing and devising all of her property to plaintiff, her son. When the father learned of his wife’s gift of all of her property to the son, he apparently determined to give the daughter,

inter vivos,

all of his property. In accord with this intention, the father, in April of 1959, executed and delivered to his daughter a handwritten instrument called a “Bill of Sell

[sic]”

which stated: ‘' Sold to Nora Rouse, nee Morghee, my daughter, all my possession everything I possess

[sic].