Rees v. Rees

KERRIGAN, J.

This is an appeal from a judgment in an action to set aside certain deeds on the ground that as to one it was not delivered and as to the others that they were procured by undue influence.

Mary L. Rees was the third wife of Lewis Rees. They were married October 2, 1907. Lewis Rees died March 2, 1920, at the age of eighty years. At the time of his death he left surviving him six children by a former marriage. His widow, Mary L. Rees, had one daughter living, issue of a former marriage. She had no children by Lewis Rees. On the third day of September, 1919, Lewis Rees made and

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acknowledged a deed of gift to Mary L. Bees, his wife, of twelve parcels of real property situated in Los Angeles County. On the same day, with the knowledge of his wife, Lewis Bees deposited this deed with his attorney, Joseph Smith, with instructions to hold it until his death and then to deliver the same to Mary L. Bees. On September 17, 1919, Lewis Bees made eight other deeds of gift, conveying the same property described in the deed of September 3d. Two of these deeds conveyed to his wife six parcels of said real property, and were delivered directly to her on the day the deeds bear date. The other six deeds conveyed six lots to his children.

After the death of Lewis Bees the special administrators of his estate commenced an action against Mary L. Bees to set aside and cancel the two deeds of September 17th in her favor, on the ground that Lewis Bees was at the time of executing the same mentally incompetent to execute such deeds, and that the execution thereof was procured through the undue influence of said grantee. At the time of filing that action none of the children of deceased, including the special administrators, had any knowledge whatever of the existence of the deed of September 3d. On the day the summons and complaint were served on Mary L. Bees in that action she caused to be recorded the deed of September 3d, conveying to her all the real property theretofore belonging to Lewis Bees. Thereupon the plaintiffs commenced a second action to set aside and cancel the deed of September 3d, the allegations in this action being practically the same as those in the first one, and further alleging that all of the property conveyed in the deed of September 3d was the property of the estate of decedent, and asking that the title thereto be quieted. Mary L. Bees answered both complaints, specifically denying all the material allegations therein, and filed a cross-complaint in both actions, alleging that she was the owner of all of the said property, and asked that title thereto be quieted in her. In filing her cross-complaint Mary L. Bees brought in all of the children of the deceased, and they individually answered the cross-complaint, denying the material allegations therein. By stipulation these actions were consolidated for trial.