Missamore v. McPherson

DRAPEAU, J. Elizabeth McPherson in her younger days lived in the Cuy ama Valley, not far from where Kern, San Luis Obispo, and Santa Barbara Counties come together. She and her husband were homesteaders. They raised a family of four girls and one boy. Two or three of the girls were born there. The land wasn’t much good; it was dry farming; it didn’t rain much, and times were always hard.

After her husband died, Mrs. McPherson lost the old homestead. She had to borrow a few hundred dollars on it; could not repay the loans or pay interest, and the mortgages were foreclosed. Certain unscrupulous, speculative money lenders used this method to acquire land in that section.

In 1916, Mrs. McPherson’s only son passed away. He too had a homestead in the Cuyama; 320 acres of dry land, about 90 acres fit to farm. The mother was his sole heir, and she lived on the son’s homestead until 1938.

While Mrs. McPherson was living on this property she pledged it also for about $150, in two small loans. She could not repay these loans, and was thus left to the tender mercies of the unscrupulous lender, who was about to foreclose. And as a final evidence of rude and frowning Fortune, the cabin in which she lived burned to the ground, with all her meager possessions.

It was then that her daughter, Lena E. Missamore, and Lena’s husband came to the rescue. Lena and her husband paid the loans out of their own money; they also built and furnished a new cabin for the mother to live in. And in extra dry years they hauled drinking water to the ranch.

[908]In 1938, the mother went to live with Lena at Taft, California.' With the exception of the first 18 months she was there, her board and room, however, were paid for out of an old-age pension. She visited her other girls, ■ and was on good terms with all of them.

In 1940, probate proceedings were commenced in Santa Barbara County to clear title to the deceased son’s homestead. Mrs. McPherson nominated her daughter Lena as administratrix of the estate; the daughter qualified and was appointed. The probate proceedings lagged along for many years. Notice to creditors was given in 1942.

In 1943, Mrs. McPherson went to the office of Lena’s lawyer in Taft, in company with Lena and Lena’s husband, and executed a waiver and assignment in favor of Lena of all of her right, title, and interest in the son’s estate. After a couple of years the assignment was filed in the probate matter.