Ransom v. Wallace

DRAPEAU, J. Plaintiff and his sister maintained a home together for many years. Neither of them was married. They lived on a little peach farm near Modesto. They adopted two children, a girl named Rosemary and a boy named Anthony. They took care of the boy and girl as good parents should, sent them to school, and raised them to womanhood and manhood.

• Plaintiff’s sister died. Title to the farm was conveyed to him by her deed before her death. Then the girl left home and [724]came to Los Angeles to make her way. The boy remained with the plaintiff for a time and tried to run the ranch until he found that it would not support two families. So, in turn, he left the old home to strike out for himself.

As time went on, the infirmities of age began to catch up with the plaintiff. He grew more and more feeble. In 1941, he fell very ill and had to go to the hospital in Modesto. Learning of his condition, the boy went to Modesto and brought the old gentleman to the boy’s home in southern California, to live with the boy and his family.

This arrangement continued until a third grandchild was expected in Anthony’s, the boy’s, home. Then the adopted daughter, Rosemary, arranged for her father to live in an apartment close to where she lived. The testimony is in conflict whether this move was because of bad feeling between the old man and Anthony and Anthony’s family. Rosemary testified that it was; Anthony that it was not.

Rosemary undertook the care of her father. When he went to the apartment she rented for him he was 82 years of age, and feeble mentally and physically. She looked out for him, saw him every day, prepared his meals for him, bought his clothing, and took charge of his banking and business. All he did was to “back” checks payable to him, so that the money could be deposited in his account, and sign any papers she told him to. It goes without saying that this was a relationship of highest trust and confidence.

February 13, 1942, the father conveyed by deed for love and affection the Modesto property to the daughter. It is this conveyance which constitutes the subject of controversy in this lawsuit.

The father testified that he had no recollection of signing the deed; that he thought he had signed a power of attorney to enable the daughter the better to take care of his property. It is but fair to say that when he testified his memory was exceedingly vague, uncertain, and faulty. He was certain on one point, however, and that was that the Modesto ranch was his property and not his daughter’s.