Humphry v. Protestant Episcopal Church in the Diocese

HENSHAW, J.

This action was brought to determine title to an undivided one-tenth interest in lot No. 11 of the Oceanside tract in the county of Santa Barbara. The facts as to the title, over which facts there is no dispute, are the following: Lot eleven, with other lots, was owned by Elizabeth A. Humphry at the time of her death. Upon her death, intestate, an undivided one tenth descended to her sister, Mary E. Richardson. Defendant acquired title to the other undivided nine tenths. Mary E. Richardson died testate before defendant

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had been able to secure a deed to her one tenth. Defendant did secure a deed to this one tenth from Mrs. W. N. Clothier, sole heir at law of her mother, Mrs. Mary E. Richardson, but by her will Mrs. Richardson had specifically devised her interest in this lot in trust for the maintenance of her brother, George Ellery, empowering the trustees to sell any or all real estate whenever it might appear to them for the best interest of the estate so to do. If this trust was valid, Mrs; Clothier’s deed to defendant conveyed nothing. The defendant likewise obtained a deed to the same undivided one tenth from George Ellery, the beneficiary under the trust, but indisputably George Ellery had no title to convey, being a mere beneficiary, entitled to the income or such portion of the principal as the trustees might award for his support. Thereafter Emily. A. Humphry, this plaintiff, obtained a conveyance from the executor and trustee of the estate of Mary E. Richardson of all right and title to the land in question, and she obtained a like deed from all of the heirs at law of Elizabeth A. Humphry. Subsequently, after settlement of the final account in the estate of Mary E. Richardson, a petition for final distribution was filed and the property was distributed. The petition for distribution asked for the distribution of the residue of the estate remaining in the hands of the petitioner, and set forth in its schedule certain parcels of real estate, amongst which was not enumerated lot eleven. It alleged the transfer by deed of all the estate’s interest in the residue to Emily A. Humphry, and prayed that there be distributed to Emily A. Humphry “the whole of the said residue of the estate of said decedent situated in said counties of Ventura and Santa Barbara of the state of California.” The decree of distribution adjudged “that the residue of said estate hereinafter particularly described, and any other property not now known or discovered, which may belong to said estate, or in which said estate may have an interest, be and the same is hereby distributed to the said Emily A. Humphry.” The decree in the estate of Elizabeth A. Humphry likewise decreed distribution to this plaintiff of all of the residue of the estate of the said Elizabeth A. Humphry.