Egge v. Royer

VALLÉE, J. Appeal from an order of the probate court decreeing that- certain real property and the income and increment therefrom claimed by a coexecutrix is a part of the assets of the estate, ordering the coexecutrix to file an account and removing her from office. Appellant and respondent are coexecutrices of the estate of Betty Mae Best, whose true name was Betty M. Miller. The controversy centers around a deed executed by appellant in December, 1941, or early January, 1942, conveying to the deceased the north half of a 20-acre orange grove situate in the county of Orange. In April, 1939, the deceased had conveyed the entire 20 acres to appellant.

Appellant’s assignments of error are: 1. The evidence is insufficient to support the findings. 2. Declarations of the grantor made out of presence of the grantee in disparagement of the grantor’s deed were erroneously admitted in evidence. 3. Declarations of the grantor made in the presence of the grantee at the time of the transaction and bearing on the grantor’s intent to deliver the deed when such intent was in issue were erroneously excluded from the evidence. Appellant claims that there is no substantial evidence to support the court’s finding that the deed of December, 1941, or January, 1942, was delivered unconditionally. She claims that it was her intent and that of the deceased that the deceased should hold it only temporarily and should later return it.

Viewing the evidence in the light most favorable to respondent, drawing all inferences in her favor and disregarding all conflicting and contradictory evidence (Khoury v. Barham, 85 Cal.App.2d 202, 210 [192 P.2d 823]), the facts are these:

Appellant and respondent are half sisters. On January 23, 1936, the deceased, mother of the parties, acquired a parcel of real property in the county of Orange, consisting of about 20 acres of citrus fruit. On May 4, 1936, the deceased conveyed to appellant the south half of the property. On April 1, 1938, appellant reconveyed the south half to the deceased. On April 22, 1938, the deceased and appellant joined in executing a deed of trust of the 20 acres to secure an indebtedness. Prior to March, 1939, the deceased married a Mr. Miller. In March or April, 1939, she was having trouble with him. He was continually wanting an interest in the ranch. The deceased wanted to take the property out of her name and asked respondent if she would be willing to take title -and sign an agreement that she was holding it in trust for the [805]deceased. Respondent declined. In Marcli or April, 1939, the deceased asked a son if he would take title. He declined. Later in April, 1939, the deceased conveyed the entire 20 acres to appellant. In May or June, 1939, the deceased told respondent that she had placed the title to the ranch in the name of appellant and that appellant had given her an agreement back.