Bland v. Kelley

MARKS, J. This is an appeal by defendant from a judgment cancelling a contract, deed and bill of sale, executed by plaintiff on August 26, 1943, and allowing defendant $60 per month for services rendered to plaintiff for one year prior to July 8, 1944, the date of the judgment.

Plaintiff was an elderly woman. She was ill and confined to her bed and, as found by the trial court, “that on or about the 26th day of August, 1943, and for a long time before, the said Alyce A. Bland was an incompetent person, of feeble understanding, in ill health, and was living alone, remote from friends or relatives and in a state of great mental depression and despondency.”

Defendant described herself as a minister and practitioner of the Universal Educational Beligious Society of Divine Science. Defendant became acquainted with plaintiff and made frequent calls upon her, read from the Bible to her and otherwise administered to her spiritual and physical welfare. When defendant called on plaintiff the two were always alone and behind closed doors.

Plaintiff owned a dwelling at 1041 “T” Street in Fresno. It was rented to various tenants and produced a monthly income of more than $235 per month. In August, 1943, the property had a market value of $9,000 and was encumbered with a deed of trust upon which there was an unpaid balance of $3,766.01, payable in instalments of $50 per month. Plaintiff owed a local bank $69.

On August 26, 1943, plaintiff signed a deed conveying the real property to defendant, and a bill of sale transferring [118]the household furnishings to her. The two parties also executed a contract which recited that plaintiff was “very ill and almost helpless and confined to her bed most of the time” and needed someone to care for her and her property; that the deed and bill of sale were executed in consideration for the past services of defendant to plaintiff “and further on the understanding and agreement between them that the said party of the second part (defendant) will, in the future, and during the life of the said party of the second part, continue to take care of the party of the first part, giving her every possible care and attention; also looking after the household and tenants and in every way making her life more pleasant and endurable.”

Immediately after the execution of these documents defendant had plaintiff moved to a rest home, defendant paying $65. As plaintiff remained there only five days, $54 was refunded to defendant who had plaintiff removed to defendant’s home where she remained ten days. Defendant employed a woman to care for plaintiff and paid her $60 for this service, besides furnishing plaintiff with a room and meals. On September 10, 1943, defendant had plaintiff moved to the Fresno County Hospital where she has remained ever since at public expense. Defendant has neither paid nor offered to pay any part of the cost of maintaining plaintiff in the county hospital.