Brittenbaker v. Buck

LANGDON, P. J.

This appeal is by the plaintiff from a judgment against her as administratrix of the estate of Anna Salyer, deceased, and in favor of the defendants, as trustees for the First Methodist Episcopal Church of Pacific Grove, California,

[739]

The complaint alleges that on January 30, 1918, plaintiff’s intestate was the owner of certain real property in the city of Pacific Grove, Monterey County, California, which property is specifically described in the complaint; that on said date said Anna Salyer executed a deed of said property to the defendants. Said Anna Salyer died on the eighteenth day of November, 1919; plaintiff was duly appointed administratrix of her estate. Subsequently this action was brought by plaintiff and was framed in three counts. The first count was based upon the alleged mental incompeteney of plaintiff’s intestate at the time of the execution of the deed in question. The second count was based upon the ground of alleged undue influence, and plaintiff prayed that the deed be declared null and void. The third count is in the form of a suit to quiet title and proceeds upon the theory that because of the form of the deed no title was conveyed to the grantees.

Upon appeal, none of the evidence introduced in the trial court in support of the first two counts is before us, and appellant states that she has abandoned her position in relation thereto. This leaves for our consideration only the question of the sufficiency of the deed in question to convey title to the defendants.

It was stipulated that the deed was executed without consideration. It reads as follows:

“This indenture, made the 30th day of January, A. D. 1918, by and between Anna Salyer, of the City of Pacific Grove, County of Monterey, State of California, grantor, and F. L. Buck, C. L. Moyes, J. K. Paul, J. T. Elliott, J. H. Williams, James Harper, H. G. Jorgensen, J. 0. Leek and E. B. DeForrest, as trustees for the First Methodist Episcopal Church of Pacific Grove, California, an association, grantees:

“Witnesseth: That the said Anna Salyer does hereby give, grant and convey unto F. L. Buck, C. J. Moyes, J. K. Paul, J. T. Elliott, J. J. Williams, James Harper, H. G. Jorgensen, J. 0. Leek .and E. B. DeForrest, as trustees for the First Methodist Episcopal Church of Pacific Grove, California, an association, and their successors in office duly appointed according to the discipline of the Methodist Episcopal Church, forever, subject to the exceptions and reservations hereinafter mentioned, all that lot, piece or parcel of