Prichard v. Prichard

JAMES, J.

Appeal by the plaintiff from a judgment denying to her the relief prayed for in her amended complaint. That complaint, in so far as its contents are material to questions here presented, sets forth causes of action to quiet title to a parcel of real property located in the county of San Bernardino, and also to declare a trust against the same property as against the defendants, who were heirs of and distributees under a will made by Joseph G. Prichard, deceased. The evidence offered was in- support of the alleged cause of action asserting the right to have a trust declared. The contention here made is that the trial court’s findings are not supported and that the evidence presented entitled the plaintiff to a judgment.

The plaintiff in the year 1911 was the wife of Joseph G. Prichard. The couple resided, during the most of their married life, at Omaha, where they acquired a small tract of land. This land was the property of the marital com

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munity. The husband in October, 1910, came to the city of Los Angeles to visit his brothers,' who are named as defendants herein. The wife remained at Omaha to dispose of the land. After having found a purchaser for the same and having collected the proceeds, she came to Los Angeles in April, 1911. The amount of money which remained in her hands, resulting from the sale of the property in Omaha, after paying debts owing by herself and husband there, was about the sum of three thousand two hundred dollars. It appeared that she resided with her husband in Los Angeles for a few months and then left him and went to reside with a sister, who also lived in the city named. In October, 1913, she brought an action for divorce against her husband, which was not contested, and an interlocutory decree was entered on the second day of December, 1913. The complaint in the action for divorce contained this allegation: “That there are no children the issue of said marriage and no community property to be settled or disposed of by this action.” On the eighth of September, 1914, Joseph G. Prichard died, leaving a will which devised to these defendants the real property mentioned in the complaint in this action. Probate proceedings were duly had and decree of distribution was entered on the tenth day of April, 1917. This action was commenced on March 23, 1920, almost three years after the property and estate of Joseph G. Prichard had been so distributed. Plaintiff in her testimony admitted that she was informed about a month after the death of her husband that that event had occurred, but claimed that she had had no information of the pendency of the probate proceedings until August, 1919.