Weeks v. Taddeucci

SCHOTTKY, J. Alessandrina Taddeucci commenced an action in ejectment against her son, Alvin Taddeucci, and his wife, Johanna Taddeucci, for possession of certain farm property in Sonoma County known as the “Home Ranch.”

Defendants filed a cross-complaint in which it was alleged that on or about January, 1934, defendant Alvin Taddeucci and his father, Jacopo Taddeucci, entered into an oral agreement that said defendant would assume the management of said Home Ranch and that they would share the profits equally; that said defendant Alvin Taddeucci performed all the terms of said oral agreement from January, 1934, to November, 1942, when said defendant entered the military service; that upon said defendant’s discharge from the military service he resumed his duties under said oral agreement of 1934; that on or about May, 1946, said father, Jacopo Taddeucci, agreed orally to execute a written agreement con[492]firming all the provisions of said oral agreement and also providing “that said Jacopo Taddeucci would devise and bequeath and transfer ownership and title of aforesaid real property and all appurtenances thereto belonging, and thereafter added, to said Alvin Taddeucci subject only to a life estate in Alessandrina Taddeucci if she survived said Jacopo Taddeucci and provided further that said Alvin Taddeucci would have the right to operate said properties during the life tenancy of said Alessandrina Taddeucci, and said written agreement to contain the further provision that said Alvin Taddeucci upon the death of Alessandrina Taddeucci, would pay to Walter Taddeucci, his brother, the sum of Two Thousand ($2000.00) Dollars; to Vivian Taddeucci, his sister, the sum of Fifteen Hundred ($1500.00) Dollars, and to Kathryn Weeks, his sister, the sum of Fifteen Hundred ($1500.00) Dollars. ’ ’ The cross-complaint alleged further that defendant Alvin Taddeucci continued to operate said properties under the terms of said oral agreement and also alleged that plaintiff, Alessandrina Taddeucci, agreed with defendant Alvin Taddeucci and the father, Jacopo Taddeucci, to be bound under said agreement which was to be executed in writing by Jacopo Taddeucci; that Jacopo Taddeucci died on March 25, 1947; and that in the performance of said agreement defendant expended various sums of money for labor and materials in making improvements. The prayer of the cross-complaint was that (1) “the court make its decree declaring that Alessandrina Taddeucci holds said real property and the appurtenances thereto belonging in trust for said Alvin Taddeucci,” and (2) “that in the event the court finds that Alvin Taddeucci has no interest in the said real property that the court make its order that Alessandrina Taddeucci pay to said Alvin Taddeucci” certain sums for money expended by him.