Keeler v. Baird

RICHARDS, J.

This is an appeal from a judgment in favor of the defendant in an action instituted by the plain

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tiff against the said defendant, as .executrix of the estate of B. M. Baird, deceased, to establish a claim against said estate.

The facts out of which said claim arose may be briefly summarized as follows: One Alfred Baird was for many years a resident of Fresno County, where he had amassed a considerable amount of property, chiefly in the form of real estate. Several years before his death, which occurred in 1914, he undertook to make a division of certain of his lands between his two children, Florence Gail Keeler, the plaintiff in this action, and B. M. Baird, her brother. In his effort to accomplish this purpose he caused several deeds to be made and placed in escrow, to be delivered at his death. In the deed to plaintiff there was included certain land which he afterward determined to convey to his son, B. M. Baird, and he therefore requested the plaintiff to execute a deed back to him of said particular piece of land. She complied with this request by executing a quitclaim deed on September 24, 1907, conveying the land in question to her father, who on the same day conveyed the same to B. M. Baird, his son. At the same time, and as a part of the same transaction, Alfred Baird required his said son to execute an agreement in writing by which, in consideration of the conveyance of said land to him, B. M. Baird agreed to pay to the plaintiff “out of his share of his father’s and mother’s estate when the same is distributed to him money or property of the value of two thousand dollars in lieu of said land.” Later on Alfred Baird changed his mind in regard to the deeds which had been placed in escrow, and withdrew and destroyed them, and thereupon made a will by which he divided the remaining portion of his property between the plaintiff and his son B. M. Baird. By the terms of this will, and apparently having in mind the fact that the plaintiff retained the aforesaid agreement, Alfred Baird directed in his said will that the sum of two thousand dollars should be paid to his said son, the same being in excess of the portion coming to his daughter under the will. Alfred Baird died on November 22, 1914; his said will was duly offered and admitted to probate, but before the distribution of his.estate thereunder his son B. M. Baird also died, and the defendant heréin, Mary Frances Baird, was appointed execu