Sepulveda v. Sepulveda

Hayne, C. Suit to declare a trust and for a conveyance. José Diego Sepulveda died in April, 1869, being then the owner of an undivided one fifth of the Rancho los Palos Verdes, and of the whole of a piece of land on Date Street, in the city of Los Angeles (both of which were community property), and leaving him surviving [606]the plaintiff, who was the widow, and Aurelio W. Sepulveda, who was their son, and certain other children and grandchildren. The deceased left a will, by which the plaintiff was given a life estate in all the property, with remainder in equal shares to the children, but which made no reference to the community rights of the plaintiff. This will was admitted to probate, and plaintiff qualified as executrix thereof. The administration was unclosed at the commencement of the suit. In November, 1869, one of the sons died, and the plaintiff inherited from him an additional interest in the above-mentioned property. And in December, 1872, another son died, and the plaintiff inherited from him a still further interest. In November, 1880, she “conveyed to said Aurelio W. Sepulveda all her right, title, and interest in the said Rancho Palos Verdes.” This deed was introduced in evidence in a partition suit of the rancho, which was then pending, and upon it, and the admission of Aurelio that it was not intended to cut off the life estate of the plaintiff hex’ein, the court decreed that she had a life estate in the property, and awarded the fee (subject to the life estate) to the children. In March, 1882, the plaintiff made a second deed to Aurelio, by which she conveyed to him all her right, title, and interest in the property on Date Street. This deed recited that it was made in consideration of one dollar, and of the care and maintenance of the plaintiff. Ixi May, 1884, the plaixitiff made a third deed to Aurelio, by which she coxxveyed to him “all her life estate in, as well as her interest, claim, and estate, in the community property acquired by her and her deceased husband, José Diego Sepulveda, during their marriage, in the Raxxcho Palos Verdes.” This deed recites that it is made in consideration of one dollar, and in further consideration “that the party of the second part shall maintain her during her life”; and contains the following clause: “This deed is made to correct any misunderstanding that might exist as to the nature of [607]the interest heretofore conveyed, by the said party of the first part to the party of the second part in said rancho; it being understood that the party of the first part intended to then, and by this conveyance does, convey an undivided one-tenth interest in said Palos Verdes, as also a life interest in the remaining one tenth undivided of said rancho. It is further understood that if the party of the second part should die before the party of the first part, then the above-mentioned property shall be given back to the party of the first part.”