Laurance v. Security-First National Bank

STONE, J.

*

In 1953 plaintiff-appellant's father and mother executed a property settlement agreement in connection with their divorce proceeding. They agreed to convey a parcel of real property in Manhattan Beach to themselves as tenants in common and to each execute a will devising his one-half interest in the real property to plaintiff. They agreed not to revoke their wills unless plaintiff predeceased them.

The father performed all of the terms and provisions of the property settlement agreement with respect to appellant.

[624]

Upon the mother’s death March 13, 1961, her will was admitted to probate, and defendant-respondent, Security-First National Bank, was appointed executor. The mother, by her will, bequeathed plaintiff her jewelry, household furnishings, personal belongings and her car, but the real property was not specifically devised.

Plaintiff filed this action for declaratory relief, contending that the real property is not a part of her mother’s estate for the reason that it vested in plaintiff upon her mother’s death by virtue of the property settlement agreement.

Findings of fact and conclusions of law were waived, and after motion for a new trial the court entered a

nunc pro tunc

judgment which provided that none of the heirs, devisees and legatees of the mother, nor the Security-First National Bank as trustee, has any interest in the real property. The decree provided also that the executor holds an undivided one-half interest in and to the real property as trustee for and on behalf of plaintiff.

It is not the constructive trust aspect of the judgment that plaintiff disputes, but, rather, the mechanics of obtaining title in the estate proceeding. The final paragraph of the judgment to which plaintiff takes exception reads :

“IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the said property described above is subject to administration in the probate estate of Fern V. Laurance, Deceased, and that at the close of said probate estate an undivided one-half interest in and to the said above described property shall be distributed to plaintiff, Laurens Laurance.”