Wolf v. Donahue

SEA WELL, J.

This appeal was taken from a judgment decreeing that by a contract and agreement entered into by and between Daniel Donahue and respondent, Jennie Wolf, in 1911, she was entitled to all of the real and personal property standing in the name of Daniel Donahue at the time of his decease and claimed by the administrator of his estate as property belonging to his estate and directing that conveyances of the real property be executed and delivery of the personal property be made to respondent by said administrator after the payment of all lawful subsisting claims and demands against said estate and costs of administration.

Daniel Donahue, who located in California a number of years ago, died intestate, a resident of Ocean Park, county of Los Angeles, on or about December 3, 1923, at about the age of sixty-eight years, leaving real and personal property situate in the county of Los Angeles standing in his name aggregating about $54,000 in value. An original mortgage in the sum of $12,000 upon the real property had been reduced by the payment of $3,000, leaving an existing balance due of $9,000. Daniel Donahue left no child or children, his heirs at law being three brothers and three sisters, appellants herein, all of whom are past or well along in middle life.

Decedent and respondent, Jennie Wolf, were first cousins, their respective fathers being brothers. Before coming to the United States of America from England, respondent, who

[215]

was then a small child, and her mother lived at the home o£ Daniel’s father. Upon coming to America, respondent subsequently married and located at New Haven, Connecticut, where she and her husband, who was a landscape gardener, resided until the latter’s death, which occurred May 11, 1911. Eespondent was left a widow, with one son, aged about seventeen years, and two daughters, aged about eleven and fourteen, respectively. A correspondence had its inception in 1910 by respondent writing a letter to Daniel Donahue’s wife addressed to her residence at Ocean Park, in which she stated that her husband was thinking of coming to Ocean Park to engage in landscape gardening. No answer was received to this letter until about one year later, at which time it was answered by Daniel Donahue. In the meantime he and his wife had become divorced and the husband of Jennie Wolf had deceased. In this letter he lamented his loneliness and ill health. He was then engaged in conducting a fish and poultry market at Ocean Park. In his letter, not being previously informed as to the death of respondent’s husband, he inquired if he was still thinking of coming to California to engage in landscape gardening and wrote encouragingly of the outlook. In her return letter she informed him of her husband’s death and told him that any notion she had previously entertained of coming to California would have to be abandoned because of her husband’s demise. Within two weeks after writing the above information to Daniel Donahue she received a second letter from bim in which he expressed his sorrow at the death mentioned and advised her not to worry as living troubles, doubtless having in mind his separation from his wife, were worse than death. He further suggested that as long as her husband was dead he could not see how that event should interfere with bringing her family to California and making their home with him. He said he was very ill and could not attend to both his home and business and he needed someone to look after the home and that if she came to his home she would never be sorry for so doing; that neither she nor her children should ever be in want and that when he should pass away he would see to it that everything he had would be hers and her children would be well cared for. She showed the letter to a neighbor, with whom she advised, who corroborated respondent on substantial matters as to the contents of said