Estate of Zaring

DRAPEAU, J.

Kate A. Earing and her husband during their marriage owned a rooming house in Los Angeles. Title to the property was held in joint tenancy. Mr. Earing was the first to die, and title vested in his widow as the surviving joint tenant.

Mrs. Earing had two adult sons living, one in Los Angeles and the other in Texas. Mrs. Earing conveyed title to the rooming house to herself and the Los Angeles son, as joint tenants. This son testified that he had an understanding with the Texas brother that the property would be used, all of it if necessary, to take care of the mother in her declining years, and that anything left over after her death would be divided equally between himself and his brother.

As the years went by after the death of her husband, Mrs. Earing fell into the clutches of an artful and designing ,

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stranger, who mulcted her of considerable sums, but did not get away with the rooming house. In view of this circumstance, and because of her age and mental condition, she was adjudged incompetent and the Texas son was appointed her guardian.

Apparently Mrs. Earing was dissatisfied with the guardianship, for litigation ensued. Proceedings were had in the name of a grandnephew: (a) to cancel the joint tenancy deed vesting title in the mother and son; (b) to restore her to competency (see 77 Cal.App.2d 294 [175 P.2d 276]); and (c) to remove the Texas son as guardian.

Two of these proceedings (a and c) terminated adversely to the grandnephew, and the judgments are final. Nothing further was done with the petition to restore Mrs. Earing to competency after decision by the District Court of Appeal, affirming an order granting a new trial on that issue.

While title to the rooming house was so held in joint tenancy by the mother and son, it was condemned for highway purposes. By the judgment in eminent domain $11,000 was awarded in payment for the property. (The guardian actually received a few dollars less than $11,000, because current Los Angeles taxes were deducted. It will, however, be referred to as $11,000.)

The guardian paid one-half of this sum to the Los Angeles son, the other joint tenant, and charged himself as guardian with the remaining one-half.