Ransom v. Ransom

GRIFFIN, P. J.

Deceased, Walter Ransom (Sr.), was the father or grandfather of various plaintiffs-appellants, namely, Walter D. Ransom (Jr.), Judith Miller, David Rich and Lee Hancock, by his first marriage. At the time of his death in 1947, Walter Ransom, Sr., had been married to defendant and

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respondent Marian Smith Ransom since 1941. She was appointed administratrix of his estate. On July 21, 1950, an order was made setting aside to the widow the entire estate of Walter Ransom, deceased. In said order it was found that the whole estate, over and above liens and encumbrances of record, did not exceed the sum of $2,500 and specifically described, among other things, 2,500 shares of the corporation stock of Leibee Engineering Company, a corporation. Plaintiffs claimed that these shares were deceased’s separate property and defendant claimed that they were community property.

It was agreed at the trial that the court, in the instant action, should take judicial notice of the probate proceeding in the estate matter. By this record, it is shown that special notice in writing of the petition for the order setting aside the estate to the widow was given by defendant to plaintiff Walter D. Ransom, Jr., and all other plaintiffs, and in case of plaintiff Lee Hancock, notice was given to her mother, who was then alive.

Plaintiffs now allege that prior to the death of deceased the Leibee stock was in fact of a value of $300,000 and that defendant fraudulently listed it in the estate as having no value. In their first cause of action, they seek to have a trust declared in certain property by reason of the fraud of defendant. In the second cause of action, plaintiffs allege damages in the sum of $300,000 by reason of the fraud and false representation. It is then alleged that in December 1957, when plaintiffs first discovered the order made setting aside the estate to the widow, the time for appeal therefrom had expired; that the delay in appealing was due to the deceit and falsehoods of defendant Marian Ransom, and accordingly this action in equity is brought to seek the relief prayed for in the complaint.

By answer, after denying generally the allegations of the complaint, defendant alleged the causes of action were barred by the statute of limitations, also by laches of plaintiffs, and alleges that the complaint did not sufficiently state a cause of action. In addition, it is alleged that it is barred by the provisions of the order setting aside the estate to defendant widow on July 21, 1950, and since September 21, 1950, said order has been final and is conclusive as to any determination of value of the estate, citing Probate Code, section 645.1, which provides: