Kopner v. Fread

DORAN, J. This is an appeal from a judgment in an action to quiet title to a certain parcel of real property and to a promissory note. The action was instituted by respondent as the surviving spouse of Albert R. Kopner, deceased, alleging that the whole of the estate of said deceased was assigned by the probate court to respondent and that appellant claimed and asserted an interest in the particular real and personal property here in question adverse to respondent. Appellant, a former wife of the deceased, interposed a cross-complaint seeking to have a resulting trust declared in her favor with respect to the property in question. After hearing the evidence the trial court found in favor of respondent and entered judgment decreeing respondent to be the owner of the property.

Appellant married the said Albert Kopner in the year 1919. The property here in question was acquired by appellant and Kopner during their marriage. The real property was acquired as their community property and the promissory note was made to them as joint tenants, having been received by appellant and Kopner on the sale of certain real property held jointly. Appellant and Kopner separated in the month of March, 1939, and entered into a property settlement agreement under date of March 6, 1939. By the terms of this agreement Kopner expressly conveyed to appellant all of Kopner’s right, title and interest in the real property in question.

This agreement recited that “it is the desire of both the husband and wife hereto to settle and determine their respective claims for support and maintenance and to determine their respective property rights for the present and for the future and to release each other of and from all claims of every kind and character except as specifically herein provided. ’ ’ The right, title and interest of the respective spouses in other specific property was disposed of by the provisions of the agreement, and the agreement also contained the following provision, quoted in part:

“EIGHTH: The wife specifically agrees that all of the property and interests of every kind whatsoever, real, per[116]sonal and mixed, regardless of where situated, now belonging to or held by and/or in the name of the husband, whether pursuant to this agreement or otherwise, or which may hereafter be acquired by him in any manner whatsoever, including his future earnings, is and shall be deemed to be and constitute his sole and separate property, and the wife hereby expressly recognizes all of such property and interests as such separate property of the husband, free and clear of any claims of the wife, that the same constitutes community property, and free and clear of any and every claim, demand, right, title, interest, or apparent interest therein of the wife, or which may be made or asserted by her, now or hereafter, whether arising out of such marriage relation or under the laws with respect to community property or otherwise, and the wife hereby expressly disclaims, waives, releases, surrenders, relinquishes and forever quitclaims unto and in favor of the husband any and all such claims, demands, right, title, estate, interest and/or apparent interest, community or otherwise, which she may have, make or assert, now or hereafter, in or to any such property, including future earnings of the husband. ...” A like provision was included on the part of the husband in favor of the wife.