Bekins v. Smith (1918) · DecisionDepot

Bekins v. Smith

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Court of Appeal May 13, 1918 No. Civ. No. 2514.Published

Before: James

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Holding. The court held that the defendant possessed a life estate in the property rather than a tenancy at will, and therefore the plaintiff could not maintain an action for unlawful detainer.

Issues

Whether the relationship between the parties was that of landlord and tenant or a life estate.
Whether an oral agreement for a life estate is valid when the grantee takes possession and performs acts in reliance upon the grant.

Disposition. reversed

Quotations verified verbatim against the opinion

“In our opinion, the undisputed evidence of Bekins and of Preston, his witness, showed the intent of Bekins and Preston to have vested in the defendant Ella Smith Trull a life estate in the real property”

Synopsis

The facts are stated in the opinion of the court

JAMES, J.

Plaintiff brought this action to recover possession of certain real property described in the complaint, alleging that the defendant unlawfully detained the same. In the complaint it was alleged that under the lease or agreement made between the parties the defendant occupied the relation of tenant at will toward the plaintiff. It was further alleged that the requisite notices required by the code had been given to terminate the tenancy. The answer -filed by the defendant put in issue all of the material matters alleged in

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the complaint. Findings and judgment were in favor of the plaintiff, from which judgment this appeal is taken.

The principal question presented is as to whether under the evidence submitted by the plaintiff, the relation of landlord and tenant was shown to have existed between the plaintiff and the appellant; .or whether under such testimony it should necessarily be concluded that the appellant held a life interest in the real property, subject to be terminated only in certain contingencies. That the establishment of the relation of landlord and tenant between the parties is a necessary prerequisite to the prosecution of an action for the unlawful detainer of real property under the provisions of section 1159 et seq. of the Code of Civil Procedure seems not to be disputed.

(Johnson

Chely,

43 Cal. 299;

Richmond

Superior Court,

9 Cal. App. 62, [98 Pac. 57].) The real property in question was purchased by Martin Bekins, the father of the plaintiff, title being taken in the name of the plaintiff, no consideration appearing to have been paid by her. For the purposes of this action, Martin Bekins appears to be the real party at interest on the plaintiff’s side of the case. Martin Bekins testified that he first met the defendant Ella Smith Trull at her residence in the city of Los Angeles, in November, 1913; that defendant was engaged in preaching the Christian gospel at that time; that he became interested in the services conducted by the defendant and offered to help purchase another piece of property in the city of Los Angeles for her use; that he went with the said defendant and two or three others to look at the property finally purchased. We now quote from the text of the testimony of this witness, as shown in the bill of exceptions:

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line of services conducted at her meetings at that time was much like other religious services. I did not attempt to establish an arbiter who should say that the religious services were or were not conducted as they had theretofore been. There was nothing further said than that as long as she conducted the services on the line that she had been conducting them and did not depart from it she could have the free use of it. In April or May, 1916, I attended some of the services where she said in public that she was going to give birth to a Christ on the third day of June at 5 o’clock. I think it was an immaculate conception, as she was long past the age she said. ’ ’ Witness I. H. Preston testified for the plaintiff as follows: “I met Martin Bekins on or about the thirteenth day of November, 1913, at my office. There were some people whose names I do not recall who were discussing the purchase of that property, or a property for her work, and it appears that they were going to form an organization to carry on the work. I said I would contribute a lot worth five hundred dollars. It subsequently developed that they could not do anything. They found out that they could buy the lot for four thousand dollars, make a small payment on it, and pay the balance' in installments, but Mrs. Smith refused to have anything to do with it. There the matter ended until Mr. Bekins proposed to buy it and asked me if I would contribute if he bought it. Mr. Bekins told me that his purpose was to let her carry on her work there so long as she carried it on along the lines she was then, and if that was for her lifetime, why then she would remain during that time, and if she left a worthy successor, her successor might carry on the same work. Those were the circumstances under which I contributed.” It appears, then, that the property in question was purchased expressly for the use of the defendant Ella Smith Trull and that Bekins was not the only person who contributed to make the purchase. Preston’s lot, valued at five hundred dollars, was a part of the donation. The defendant last named entered immediately into possession of the premises and continued to occupy the same up to the time of the commencement of the action and the trial. On her behalf an offer was made to show that she had expended considerable money in the making of improvements, such as buildings for use of the religious organization of which she was the head, but the trial court refused to allow the testimony. It has been held in this state that an oral transfer of a life estate in land may be made effectual by the taking

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Synopsis

JAMES, J.

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