Cleveland v. Estate of Edwards

KNIGHT, J. Plaintiff is a niece of William A. Edwards, deceased, and the administratrix of his estate. She pre[389]sented a claim against the estate for $5,000 alleged to be due for personal services rendered the decedent during the fifteen months immediately preceding his death, and the probate court rejected the claim. Thereupon she brought this action to collect it, and the trial court gave judgment for the estate, from which plaintiff appeals, urging as sole ground for reversal insufficiency of the evidence to sustain the trial court’s findings.

The decedent died June 5, 1933. He was a widower, and his next of kin were a brother, two nieces (one of whom is the plaintiff), and several nephews and grand-nephews. His estate consisted of $41,255.35 in bank deposits, a two-flat dwelling on Masonic Avenue in San Francisco of the appraised value of $5,000, and an automobile and household furniture of small value. He had been failing in health for some time as the result of heart trouble and lived alone in the upper flat of his property on Masonic Avenue. During the latter part of the year 1931 a tenant occupying the lower fiat wrote to plaintiff, who was then living in Los Angeles, stating that her uncle’s condition was growing gradually worse, and suggesting that she come to San Francisco and look after him. In January, 1932, plaintiff arrived at her uncle’s home, and she continued to live there up to the time of his death, during which period she performed the household duties, waited on her uncle, drove him about in his automobile, and transacted some of his business.

She averred in her claim and alleged in her complaint in substance that she took up her abode -with her. uncle and performed the services mentioned at his special instance and request, in consideration of which he promised orally to convey to her his home on Masonic Avenue, which he failed to do, and that consequently she was entitled to compensation equal in amount to the value of the property he promised to convey. (Estate of Towne, 143 Cal. 507 [77 Pac. 446].) In behalf of the estate it was claimed that plaintiff took up her residence with her uncle because she was destitute and much in need of a place to live, and with the understanding that she was to receive no compensation for her services other than being maintained and provided with a home.

The evidence adduced by the respective parties is sufficiently conflicting, in our opinion, to preclude any [390]