Lahaney v. Lahaney

RICHARDS, J.

On January 27, 1919, Joseph F. Lahaney was, and for more than ten years prior thereto had been, the owner of four parcels of land in the city and county of San Francisco. Two of these parcels of land had been purchased by him in 1909, one in 1913 and one in 1917. They all stood in his name alone, but it is con

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ceded that they were each and all the community property of himself and his wife, Ivy L. Lahaney. On January 27, 1919, Joseph F. Lahaney made and executed a grant deed of each and all of these four parcels of land to the two grantees named therein, viz.: his wife, Ivy L. Lahaney, and his sister, Catherine E. Lahaney, granting to each “an undivided one-half interest in and to all his right, title and interest” in said parcels of land. It is conceded that the consideration for this deed was nominal and that in substance and effect it was as to each of said grantees a deed of gift. This deed, while thus executed on the last-named date, was not delivered to either of said grantees until December 27, 1921, when it was delivered to Catherine E. Lahaney, the plaintiff herein and one of said grantees. The deed was recorded on November 19, 1922. Joseph F. Lahaney died intestate on September 9, 1922, and thereafter his widow, Ivy L. Lahaney, was duly appointed and qualified as the administratrix of his estate. Thereafter and on November 18, 1922, this action was instituted by Catherine E. Lahaney to determine the respective interests of the parties thereto in said four parcels of land, and to have a partition thereof accordingly among the persons found to be entitled thereto.

At the time of his aforesaid conveyances of said four parcels of land in equal undivided interests to the two grantees named therein Joseph F. Lahaney was the sole owner of the entire vested estate and interest in said parcels of land. Being community property, the interest of his wife therein at the time of such conveyance was “a mere expectancy and possessed none of the attributes of an estate either at law or in equity.”

(Stewart

v.

Stewart,