Beckwith v. Bugbee

WARD, J. This action by plaintiff, as trustee in bankruptcy of Gladys L. Lyons (formerly Gladys L. Rothe, a minor), was brought for the purpose of impressing a trust upon certain real property alleged to belong to said minor, and in the hands of defendant Robert A. Bugbee, administrator of the estate of his wife, the minor’s mother and guardian, and for an accounting.

The facts of the case are as follows: Hpon the death of her husband Cordelia F. Rothe (who subsequently married defendant) was, on September 30,1901, appointed guardian of the estate of their daughter Gladys, then about two years of age. The estate consisted of one-half the property of the deceased husband and father, the other half being distributed to his wife. Shortly thereafter Mrs. Rothe and her child left the State of Oregon, where her husband’s estate had been probated, and wherein she had been declared the guardian of. their child, and moved to the home of her parents in California, where she purchased the piece of farm property in dispute. There is testimony that the purchase was made by the child’s guardian as an investment for her from funds belonging to her. The particular witnesses who gave evidence in support of this contention are the principal creditors in the bankruptcy proceedings and include plaintiff herein, trustee. It does not actually appear that the mother did not make the purchase from her own funds for herself, or with funds belonging to her and her daughter.

The records fail to show that the mother ever filed an account of her administration as guardian in the State of Oregon, or that she had ever been discharged as such. There is testimony, however, that when Gladys attained the age of eighteen, she and her mother reached a settlement of the guardianship matter in the county in which it was pending; the cash bond was returned to the guardian, and mother and daughter sold real property in Oregon which was owned by them jointly, divided the proceeds and apparently considered the guardianship terminated.

There is evidence that a close bond of affection existed [721]between mother and daughter; that the daughter lived at the home of her mother and step-father until she was twenty-nine years of age without paying anything for room and board; that at different times the mother gave the daughter sums of money for travel, clothes, etc., and advanced to her and her husband money with which to go into business.

The complaint herein specifically demanded judgment that the record title to the property be decreed to Cordelia F. Bug-bee, deceased, in trust for her daughter Gladys L. Lyons, the true and lawful owner; that the administrator of the Cordelia F. Bugbee estate be directed to execute a deed to plaintiff as the trustee in bankruptcy of Gladys L. Lyons; that the property be sold for the benefit of the creditors of the bankrupt; that the administrator account for the profits derived from the property from the time of its purchase; that judgment be entered for the sum of $4,273.91, the amount distributed to the minor on the settlement of her father’s estate with interest from the date of the appointment of her mother as guardian.