Veirs v. Roberts

KERRIGAN, J.

This is an action to quiet title brought by plaintiff against her brothers and sisters and the administrator of her mother’s estate.

The questions involved in the appeal turn on the validity of a deed made by the plaintiff’s mother to her of the property described in the complaint.

On March 2, 1881, William R. Roberts, Sr., died, leaving his belongings, which were all community property, to Mary

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J. Roberts, his widow, and to his children. Out of the proceeds of her share of the estate, as distributed, Mary J. Roberts in the year 1888 purchased the property now in controversy for three thousand five hundred dollars. In the year 1907 she made and delivered to her daughter, the plaintiff, a deed of gift of said property, and included in the gift the furniture and personal effects in the home. From the time of the purchase of said property by Mary J. Roberts until the time of her death she and the plaintiff lived upon it. At the time Mrs. Roberts delivered to the plaintiff the deed above referred to, she said to her, according to the plaintiff’s testimony, “Here is the deed to the place. Put it away and keep it until I tell you to have it recorded.” The deed accordingly remained unrecorded until April, 1915, eight months before the death of Mrs. Roberts, at which time, upon the suggestion of her mother, the plaintiff placed it on record. The former’s expressed desire to delay the recordation of the document was due, according to testimony given by the plaintiff, to her mother’s wish to avoid discussion among the members of the family and consequent annoyance to herself. No question is raised as to the delivery of the deed. The defendants rely on the claim that the evidence shows that Mary J. Roberts • was incompetent at the time the deed was executed and that the deed was the result of undue influence exercised by the plaintiff over her mother, and they also contend that under the provisions of section 1386 of the Civil Code Mrs. Roberts had no legal right to make a transfer of the property.

As to the questions of incompetency and undue influence, an examination of the record discloses that there is an abundance of evidence to sustain the findings of the court in favor of the plaintiff. Several intimate friends and acquaintances of the deceased testified that Mrs. Roberts up to about the time of her death was of sound mind, “a strong-minded woman,” a “particularly bright woman,” “a positive woman,” and that they had never observed in her any indication of weakness of mind, or any indication that the plaintiff or anyone else exercised an undue influence over her. A typical witness upon this subject was C. C. Belden, who testified: “I lmew Mrs. Roberts fifteen or twenty years. I have had business transactions with her in purchasing land. I was very friendly with her and had many conver