Des Granges v. Des Granges

LAWLOR, J.

This is an action to quiet the plaintiff’s title to eighty acres of improved .orchard land situated in Orange County. A trial was had before the court sitting without a jury. It was found that on June 11, 1898, Otto des Granges, Sr., the deceased husband of the plaintiff and the father of the three defendants, was the owner of the land; that on that day he made various instruments in contemplation of his death for the purpose of conveying the property, excepting for a small plot reserved as “Mausoleum Premises, ’ ’ in severalty equally to his four children, subject, however, to the provision of a certain writing, designated as his last will, which purported to reserve a life interest in the property in favor of his wife; that on June 19th following he duly published and declared the said writing as his will, and delivered to his four children the four instruments which purported to convey the property to them; that, also in connection with this transaction he acknowledged and delivered to his wife an instrument which “purported to convey to [her] the absolute title in fee simple to the premises . . . , but which said instrument was in truth and fact, signed and acknowledged by said Otto des Granges, Sr., solely and only for convenience in order to avoid the expense of administration upon his estate after his death, and to simplify the disposition of said property according to the wishes of said Otto des Granges, Sr., after his death, which was then impending and momentarily expected by him, and with the intention and purpose on the part of said Otto des Granges, Sr., of putting the legal title to said premises in his said wife, Josephine des Granges, plaintiff herein, in trust for the four children of said Otto des Granges, Sr., and Josephine des Granges, then living, the interest of each to be a remainder in fee respectively in the separate tracts, . . . after the ter

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mination of a life estate in her, the said Josephine des Granges, and without any purpose or intention of vesting in her the absolute title thereto in fee, and the said plaintiff well knew and understood and acquiesced in and consented to said purpose and intention, and then and there knew and understood and consented that any right or interest which she might acquire or appear to acquire by or through said instrument, was and should be subject to such trust; that the said Otto des Granges, Sr., husband of plaintiff, reposed great trust and confidence in his said wife, and at said time there was an understanding and agreement between them that she would retain the title to a life estate in said property for and during her natural life, and would execute conveyances of the remainder in fee to the four children then living . . . ; that no valuable consideration of any sort was paid by or on behalf of the said Josephine des Granges . . . except love and affection as the consideration for said life estate in said plaintiff”; that Otto des Granges, Sr., died on June 24th and on July 2d the plaintiff, in accordance with his instructions, executed four deeds and delivered them to the defendant John C. des Granges, one of the children, which deeds respectively purported to convey to each of the four children the particular portion of the property which the husband had designated in the instruments first referred to, and instructed him to keep the same until her death “and then to cause the same to be placed on record”; and that on July 7th she conveyed the plot of land set aside as the mausoleum premises to her children for a burial place for themselves and their descendants forever. From these findings the court concluded, as matter of law, “that the plaintiff is the owner of a life estate for the term of her natural life in the premises,” and that the defendants are respectively the owners of the remainder estates, and accordingly entered its decree quieting the titles of the respective parties.