Bank of America National Trust & Savings Ass'n v. Hennelly

GRIFFIN, Acting P. J. Rose A. Leverone, deceased, through the executor of her will, Bank of America National Trust and Savings Association, as plaintiff, brought this action against Ida Hennelly, defendant and respondent, to quiet title to two parcels of realty. One consisted of a 20-acre parcel, and the other consisted of two lots. Plaintiff’s complaint sets up a certain disputed quitclaim deed in which Ida Hennelly, Dorothy J. Goss, and Margaret R. Crow are named as grantors and Rose A. Leverone as grantee. There was a provision con[751]tained therein that ‘ the property herein described is to revert to the grantors, upon the death of the grantee, one-half to Ida Hennelly and one-fourth each to Dorothy Goss and Margaret Crow.” This deed was acknowledged January 8, 1937, and recorded May 24, 1937, at the request of Margaret Crow.

By the terms of the will of A. J. Leverone, deceased, he gave to his wife “Rosa . . . during the term of her natural life, the net income arising from all of my estate. . . . ” It then provided that upon her death “I give ... all of my estate then remaining as follows, to-wit; one-half thereof to my said daughter, Ida Hennelly, one-fourth thereof to the said Dorothy Goss, and the remaining one-fourth to the said Margaret Purdy (Crow).” Rose A. Leverone died December 10, 1947.

Defendant, in her answer, denied plaintiff’s claim to the property, set up several defenses to plaintiff’s claim and asked for affirmative relief. Defendant testified that during the administration of the estate the heirs and legatees above named figured out between themselves a division of the property of the estate; that on January 8, 1937, they all went to the office of the attorney for the estate and there executed deeds one to another between themselves, dividing the property of said estate; that there were four deeds executed at that time; that Rose A. Leverone stated that that was the way she wanted it. This testimony was corroborated by the other grantees. Defendant Ida Hennelly’s deed to her portion of the property was then delivered to her.

In the decree of distribution, dated January 8, 1937, the same date the deeds were acknowledged, there was a clause: “It is further ordered, adjudged and decreed that the residue of said estate ... be distributed, under the will herein, and the following deeds for division made by all of the heirs hereunder, as follows ... To Rose A. Leverone ...” the property above described in her complaint.