Stone v. Walsworth

MUSSELL, J. In this action to cancel a deed and to quiet title to real property in Brea, Orange County, it is alleged that the property was purchased and paid for by the joint efforts of plaintiff and his wife, Lillie Stone; that the title to said property was taken in the name of Lillie Stone for the purpose of' convenience only but with no intention of making a gift to her or releasing any right, title or interest of plaintiff therein; that on or about July 2, 1947, the said Lillie Stone importuned the plaintiff to sign a deed to said property naming Lillie Walsworth (a daughter of Lillie Stone), as grantee, upon the representation that the deed would not be delivered but would be held jointly and the survivor could “do what he pleased with it”; that the plaintiff executed the deed, relying upon said representation; that there was no consideration for said deed; and that de[371]fendant claims an interest in the property adverse to plaintiff.

The trial court found that the property was community property of plaintiff and his deceased wife, Lillie Stone; that the deed to Lillie Walsworth was null and void; and that plaintiff did not intend that it should be delivered to defendant Lillie Walsworth. Judgment was rendered quieting plaintiff’s title in fee simple absolute. Defendant appeals on the grounds that the evidence is insufficient as a matter of law to support the findings and judgment; that the court erred in finding that the real estate was community property ; and that the attempt to reserve a life estate in a party foreign to the title was void.

Plaintiff and Lillie Stone were married on July 15, 1939, at the ages of 66 and 62, respectively. Plaintiff was then a recipient of an old age pension in the sum of $40 per month, which was increased periodically thereafter to $75 per month. Lillie Stone was operating a small restaurant which she sold in December, 1939, for the sum of $250. Plaintiff had no other funds aside from his pension. On April 26,1940, plaintiff and his wife purchased real property in Long Beach, California, the title to which was taken in the name of Lillie C. Stone, a married woman. Plaintiff testified that the reason for taking the title in this manner was because he had been told he could have not any title to any real property while drawing a pension. On November 6, 1940, Lillie C. Stone received a pension of $65 per month and the monthly payments on the Long Beach property were made out of the proceeds of the pension checks, which were cashed by plaintiff and commingled. In 1946 the Long Beach property was sold and the proceeds therefrom were used to make the down payment on a parcel of real property in Brea, the subject of this litigation. The balance of $1,500 owing on the Brea property after the down payment was being paid off out of the proceeds of the pension checks of the parties. The title to the Brea property was also taken in the name of Lillie C. Stone, a married woman.