First Trust & Savings Bank v. Costa

WHITE, J. This is an appeal from a judgment entered in a declaratory relief action brought by the. respondent First Trust and Savings Bank of Pasadena, as trustee, to secure an adjudication as to whether the appellant, Frank B. Costa, or the respondent Pasadena Historical Society was entitled to conveyance of certain real property held by it as trustee under a trust indenture executed by Elma B. Stuart. From a judgment determining that the respondent Pasadena Historical Society was entitled to the property, appellant Costa has appealed.

In 1937, the property of Mrs. Stuart was conveyed in trust and later the trust indenture was modified to provide for the disposition of the property occupied by Costa as follows:

“Upon the death of the Trustor, in the event Frank B. Costa is in the employ of the Trustor at the date of her death, the Trustee shall transfer and convey to him the real property known as 120 North Delacy Street, Pasadena, California, being Item No. 43 in Schedule ‘A’ attached to said trust indenture, together with the improvements thereon, being the first brick house in Pasadena built in 1879 by Trustor’s father, Benjamin F. Ball. In the event that the said Frank B. Costa is not in the employ of the Trustor at the date of her death, the Trustee shall transfer and convey said real property, [370]together with the improvements thereon to the Pasadena Historical Society, with the request that it be used jointly with the Pasadena Pioneer Society.”

Both appellant and respondent concede that the question presented on this appeal is whether appellant Costa was in the employ of Elma B. Stuart, trustor, at the date of her death within the meaning of the trust agreement executed by her.

It is conceded by all parties that defendant Costa was employed by the Stuarts as family chauffeur from November, 1929, to October 31, 1942; that he was considered in the employ of Mrs. Stuart even though his dealings were largely with Mr. Stuart, who handled his wife’s business affairs. In 1931, the Stuarts requested that Costa move into the property here involved. Although the property had previously rented for $50 per month, defendant Costa has paid but $25 per month down to the present time.

The relations between the Stuarts and defendant Costa at all times down to and including the date of the death of Mrs. Stuart were very friendly and cordial. They had no disputes or disagreements of any kind. At the trial Mr. Stuart, a witness for plaintiff bank, testified that the relations between himself, Mrs. Stuart and defendant Costa were “friendly and cordial. He was a good driver and attentive to her” and “was a faithful and loyal employee.”