Guscetti v. Dugan

LANGDON, P. J.

This appeal is by the defendants from a judgment declaring null and void a certain deed purporting to convey title to certain real property in San Francisco, California, from plaintiff’s intestate to defendant John Dugan, Said judgment also directed the said defendant to convey to plaintiff, as administratrix, all his right, title, and interest in said real property and awarded to the plaintiff the rental value of the premises from the date of the deed until the surrender of possession.

In the early part of April, 1919, Louis A. Bassi, since deceased, was the owner and in possession of the real property in controversy. He was at that time a man between sixty and seventy years of age, whose closest living relatives were a sister and her daughter. The sister had been living in the northern part of the state for about two years. The property in controversy consisted of a lot of ground in San Francisco, California, upon which was situated a flat or two-family dwelling-place. Bassi -was living in one room of this flat. The upper flat was rented and the lower one was to let. The defendant, John Dugan, and his wife lived a few blocks away from the Bassi property. Mrs. Dugan had never met Bassi prior to the first part of April, 1919, at which time, hearing that his flat was for rent, she went to see it. She found Bassi engaged in cleaning up the premises and discussed with him the renting of the flat. He asked her if she would allow him to keep a room in the flat and if she would furnish him board. He asked her to talk the matter over with her husband, stating that he would call at her home the next day for her decision. He called .the next day and was told by Mrs. Dugan that the arrangement was satisfactory to Mr. Dugan. Mrs. Dugan asked the amount of rental of the flat and was told: “If you take care of me and leave me in the house, I will fix that up later.” Bassi then commenced certain repairs and improvements 'in the flat in accordance with the requests of Mrs. Dugan. She cleaned up the room which he was occupying and placed in it some of her own furniture. Bassi called at her home for two or three weeks

[189]

for Ms breakfasts and sometimes for Ms suppers during the time the repair work was being done. He had been suffering from some stomach disease for some time and was restricted in his diet. Mrs. Dugan testified that about a week after her first conversation with Bassi he said to her: “I know I can always make my home with you and I will deed you the flats for taking care of me.” Nothing was done about the matter, however, and on April 27, 1919, Mrs. Dugan and her husband moved into Bassi’s flat. On May 1, 1919, Bassi went to the hospital and remained there until his death on May 26th. On May 12th, wMle in the hospital and just before submitting to a surgical operation, he executed a deed conveying the property in question to John Dugan. At the time of the execution and delivery of the deed, Dugan and a notary public whose services he had secured were present in the room with Bassi. Bassi signed the deed and asked Dugan for some money. Dugan handed him ten dollars, which was immediately handed to the notary in payment of his services in preparing the deed. It is conceded that no consideration, other than what appears from the foregoing recital of facts, passed from the defendants to deceased.