Rypka v. Field

MUNDO, J., pro tem. — This action was brought by appellant to set aside certain deeds to property conveyed by the deceased, Edna E. Rypka, just prior to her death. The deceased owned the Flower Court Apartments as her separate property and a ranch in Baldwin Park, California, which had been acquired after her marriage to the appellant, and which appellant concedes was also her separate property. It stood of record in her name only, and in a divorce action brought by Edna E. Rypka against Frank E. Rypka the court found that there was no community property of the parties. On February 21, 1938, deceased conveyed the Baldwin Park property to Oswald George Field, respondent herein, and the deed thereto was personally recorded by the deceased on February 23, 1938. Respondent Field and the deceased had been on friendly terms for a number of years prior thereto and were engaged to be married, although the deceased was still married to appellant. The deceased secured an interlocutory judgment of divorce, uncontested, on January 26, 1938. On April 21, 1938, deceased conveyed the Flower Court Apartments to respondent Field. She died two days later. This deed was not recorded until two days after her death.

Respecting the deed to the Flower Court Apartments, it appears that the deceased was preparing to go to a hospital for an operation; that she asked respondent to drive her to a notary so she could execute a deed in his favor; that respondent drove her to the notary’s office but did not go into the [227]office with deceased; that upon their return home, in the presence of nieces of deceased, she handed the deed to respondent and said: “This is your property from now on.” She also said to one of the nieces: “From now on the rents will be collected by Mr. Field. ’ ’ Respondent stated he did not record the deed until April 23, 1938, because he was at the hospital attending the deceased. He paid the deceased no consideration for the property but at divers times he had given deceased sums of money and had paid out money on her behalf. He said he thought she conveyed the property to him because she was fond of him.

The testimony of other witnesses showed that appellant had not been living with deceased since the divorce was filed in December, 1937; that deceased lived with one of her nieces; that deceased complained of the treatment of her husband; that deceased did not want her husband to have any part of her property; and that she was of sound mind and not acting under the influence of any person.

After all the testimony had been introduced the court said that it did not feel that the respondent was entitled to any of the deceased’s property, but that it was the court’s duty to protect the interests of the other heirs. Whereupon, counsel for defendant and respondent Field stated in effect that the other heirs were not interested in the properties deeded to Field but that he would secure waivers from them, other than the appellant Rypka. The ease was continued for thirty days for the purpose of allowing respondent to secure such waivers.