Finnegan v. Hernandez

MOORE, P. J. Plaintiff appeals from a judgment quieting title to her home in favor of defendant. She contends (1) that" having paid the consideration, the deceased wife of defendant, Antonia Hernandez, as grantee became trustee of. a resulting trust in plaintiff’s favor, and (2) that the evidence. does hot support the findings and the judgment that plaintiff intended to, or did, convey a life estate to herself with the remainder to decedent.

The Established Facts

About April 1, 1937, plaintiff was aged, ill and feeble. She desired to acquire a home and to’have decedent care for her as long as plaintiff might live. Pursuant to plaintiff’s request decedent made inquiry and found one F.' S. Hinkle who held a contract for the purchase of a home in Santa Paula from a building and loan association for $800. The [53]exact balance due does not appear. He demanded $200 for his equity which plaintiff paid. The contract was assigned to decedent who received also from Hinkle the book containing receipts for sums which she thereafter sent to the association at the times of making subsequent payments. At the time of the transaction with Hinkle plaintiff and decedent agreed “that in consideration of Antonia Hernandez’ taking care of and assisting in caring for said Fannie A. Finnegan during her lifetime” the latter would give the property to Antonia and the latter at the same time promised to care for and assist plaintiff during her lifetime. After payment of the $200 she caused Hinkle to assign to decedent his contract of purchase and the passbook of the association. Antonia thereby assumed the obligation to pay the balance due to the association. Plaintiff took possession of the passbook and prior to November 10, 1941, made “periodical payments upon said agreement.” During such period in performance of the parol agreement decedent eared for and assisted plaintiff and fully performed her covenants until her decease. Immediately subsequent thereto defendant, husband of Antonia, in a probate proceeding properly instituted and conducted, caused a decree to be entered on December 8, 1941, by the Superior Court of "Ventura County, setting aside to him as the community survivor the entire estate of decedent, including her interest in the contract assigned to her by Hinkle. Thereafter defendant paid the balance dué on the contract, to wit, $156.35, and received a deed from the association on July 12, 1943.

Upon such facts a decree was entered adjudging that by reason of the oral agreement of the women decedent became entitled to a conveyance of the property; that such right passed to defendant by virtue of the probate decree and that he is entitled to have the title vested in him; that he is the owner of the property but that his title is subject to a life estate in plaintiff for her natural life with the right to occupy it while she lives; that she must pay defendant all sums he has paid on account of taxes and the balance on the contract and must pay all taxes falling due during her occupancy and avoid injuring any improvement on the property.