Kelly v. Dollard

CURTIS, J.

This action was brought by the plaintiff against her brother and two sisters for a decree declaring that certain personal property in her possession was held by her in trust for herself and her said brother and sisters, and asking that distribution thereof be made in accordance' with the terms of said trust. The defendant Annie A. Scanlon is sued not only in her individual capacity but as the administratrix of the estate of Annie A. Kelly, deceased. The parties to this action are the surviving children of the said Annie A. Kelly, deceased. The plaintiff was the youngest of the four children and lived with and cared for her mother up to the time of the death of the latter. The property of the alleged trust formerly belonged

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to the said Annie A. Kelly. It consists of a deposit of money in a San Francisco bank in an amount slightly in excess of $14,000, and certain articles of jewelry, a shawl and a couple of watches. The mother died in January, 1930, and was ninety-one years of age at the time of her death. The plaintiff testified that “in July, she [the mother] delivered her jevrelry, personal jewelry. She brought in a box and handed it to me and said, ‘I want to give these to you in trust’. And she also had a paper, and on that paper she had stated exactly as she wanted it distributed. And she told me to put that in the safe deposit box with these papers, and keep it there until she died, and when she died’ to distribute it exactly as it was stipulated in the paper. ... It was a diamond bar pin, an emerald and ruby bar pin, emerald earrings surrounded by diamonds, and a white crepe shawl, a gentleman’s watch and a lady’s watch.” The paper referred to by the witness was admitted in evidence. It was dated July 26, 1919. The date, however, was placed thereon, according to plaintiff’s evidence, by herself at the time it was given to her by her mother. The paper is as follows:

“San Francisco, July 26, 1919—I hereby give, grant, transfer and deliver to my daughter Annie A. Scanlon, my pair of emerald screw earrings, consisting of emeralds surrounded by diamonds, also one small diamond of my bar pin; the other small diamond of the same bar pin I give to my daughter Mary T. Dollard; and the large center diamond of the same bar pin, including the setting I give to my daughter, Laura A. Kelly. I give to my daughter Mary T. D ollard my bar pin consisting of rubies and emeralds, also my white crepe shawl. All the rest of my jewelry, watches, et cetera, I die possessed of, I bequeath to my daughter Laura A. Kelly. .