St. John v. St. John

PRESTON, J. John L. St. John and his first wife, Frances, were married for some twenty years, from 1880 until her death in 1900. The second marriage of John L. St. John, to defendant Ada A. St. John, lasted for some twenty-five years, to wit: from 1906 until his death on May 17, 1932. Three sons are surviving issue of the first marriage. There was no issue of the second marriage. On June 3, 1932, proceedings were instituted for the probate of the estate of John L. St. John and also for the probate of the estate of his said first wife. This action, commenced February 1, 1933, represents an effort by Harry L. St. John, a son by said first marriage, to secure for himself and his two brothers, through the estate of their mother, certain property in defendant’s posses[246]sion. Plaintiff, as administrator of the mother’s estate sues the second wife, as administratrix of the father’s estate, and individually, asserting that all property in possession of the father at the time of his death was the separate property, with increase and transmutations thereof, of said first wife.

The complaint states two causes of action, first, to have all said property adjudged a part of and impressed with a trust for the benefit of the estate of Frances A. St. John and her heirs and, second, for possession thereof. The allegations of trust are predicated upon the theory that one who assumes possession of and deals with property of a deceased, without administration of her estate, holds such property in- trust for the estate and those therein interested and, further, that John L. St. John expressly agreed to hold said property in trust.

The cause went to trial before the court without a jury and thereafter findings and judgment were entered for defendant, from which' plaintiff has prosecuted this appeal. The sole question is that of sufficiency of the evidence to support the findings and judgment. A review of the entire record leaves us without the slightest doubt as to the correctness of the conclusions of the court below.

Briefly, it appears ..that from 1880 to 1898 Frances and John St. John and their children resided in Chico, California, where John followed his trade as carpenter and ranch laborer. During this period Frances became the separate owner, through deed of gift from her mother, of three lots in Chico, two of which she deeded to her husband shortly before her death. The third lot she sold in 1896 for $650. The record does not reveal the disposition made of this sum. Other property accumulated by the family during said period, including real estate and $1250 insurance collected in 1897 when the family residence burned, was, upon conflicting evidence, found by the court to be community property and not the separate property of the wife.