Bell v. Wyman

Upon further consideration of this case upon rehearing we adhere to the views expressed in the opinion heretofore rendered in Department Two. For the reasons therein given the judgment is affirmed.

Shaw, J., and Angellotti, J., concurred.

This action is brought to quiet title to a one-fourth interest in a tract of land consisting of some three hundred and five acres, situated in Santa Barbara County. Plaintiff claims title to this one-fourth interest as successor to William Wyman through several conveyances.

The claim of plaintiff is, that the tract of land was the community property of said Wyman and his wife. The said *Page 520 wife, and defendant herein, Annie Wyman, claims the tract as her separate property. The defendant William Wyman filed a disclaimer in the case. The defendants Wineman and the Bank of Santa Maria hold mortgages executed by Annie Wyman on the property. At the conclusion of plaintiff's evidence the court, on motion of the defendant, granted a nonsuit and dismissed the case because of failure of plaintiff's proof. The plaintiff appeals from the judgment which followed, and his contention is, that the evidence introduced by him showed that the property was acquired by Mrs. Wyman under such circumstances as to make it community property. To this we cannot agree.

The evidence on this subject consisted of twenty-six letters written by Mrs. Wyman from Santa Barbara County to her husband in the state of Washington, together with the recitals of a will hereinafter referred to. These letters show that Mrs. Wyman left her husband on a piece of government land in Washington and came to Santa Barbara, where they had formerly lived, and where her father, mother, and other relatives were then living. That for some months after she came to Santa Barbara County from time to time she sent her husband small sums of money out of her earnings. Some seven months after she arrived at Santa Barbara County she opened a restaurant, and had as one of her boarders a bachelor some ninety-five years of age named David Brown, usually known as "Uncle Davie." This old man was a cripple and so nearly helpless that, in addition to fifteen dollars for his board, he paid Mrs. Wyman twenty dollars a month to take care of him. From the beginning of her services to Uncle Davie, Mrs. Wyman's purpose was to "get around him," as she expresses it, and by condoning his fits of ill-humor and being pleasant to him finally succeed in inducing him to make a will in her favor devising all his property to her. The restaurant business did not pay, and with the assistance of Uncle Davie Mrs. Wyman, after some four or five months, paid the debts that had accumulated and quit the business. Thereafter Mrs. Wyman continued with Uncle Davie, and the latter came to have a high regard for her, and promised her that if she would stay with him to the end he would see that she did not want for anything when he was gone. How long Uncle Davie continued to pay Mrs. Wyman the twenty dollars a month for *Page 521 "nursing" him, as he called it, the evidence does not disclose. Mrs. Wyman continued with Uncle Davie to the time of his death, some two years after she quit the restaurant business. From the first Wyman was very much averse to his wife remaining with Uncle Davie, and kept writing her to come to him in Washington. She informed him fully as to her relations with Uncle Davie and of her hopes in regard to finally securing his property. In August, 1896, Uncle Davie made his will, devising and bequeathing most of his property, including the land here in question, to Mrs. Wyman.