Hughes v. Forward

DORAN, J. This is an appeal from a judgment quieting title to certain real estate and stock certificates in favor of plaintiff, now deceased, and against the defendant-appellant Dee Forward, plaintiff’s niece. The record title to the property was in the joint names of plaintiff and defendant.

From the record it appears that plaintiff’s husband died on July 2, 1949, leaving all property to the plaintiff. Mrs. Hughes, the plaintiff, was 72 years old, suffering from diabetes, arteriosclerosis, cancer, and partial blindness. On April 5, 1950, Dee Forward, appellant, at respondent’s request, drove Mrs. Hughes to the law office of Glen Behymer, who had handled Mr. Hughes’ estate, and Mrs. Hughes there executed the deed here in question conveying the real estate to “Birdie D. Hughes and Dee Forward, as joint tenants.” [330]This deed was notarized by Della R. Manes, Attorney Behymer’s secretary. There is testimony that the attorney explained the nature of the conveyance to Mrs. Hughes, but this episode is denied by Mrs. Hughes.

On the same day, the joint tenancy deed was recorded “at request of Birdie D. Hughes, Dee Forward,” as shown by the Recorder’s stamp on the deed, and was returned to Attorney Behymer’s office pursuant to a notation on the back of the conveyance. The respondent, Mrs. Hughes, admitted going to the attorney’s office and the genuineness of the signature, but denied any knowledge or recollection of executing a joint tenancy deed.

Plaintiff testified: “It was my idea to make a will, and I supposed that I was signing a paper that I thought was a will”; that plaintiff did not deliver the joint tenancy deed to Dee Forward, and did not authorize Attorney Behymer to make delivery. Mrs. Hughes further denied having any knowledge of the deed until some two years later when desiring to sell the property; never had possession of the paper and never intended to execute such an instrument.

In respect to certificates of stock in El Tejón Ranch Company, bearing the names of Birdie D. Hughes and Dee Forward as joint tenants, Mrs. Hughes likewise denied having ever instructed anyone to create such a joint tenancy, denied delivering the certificates to Dee Forward and disclaimed any knowledge of the joint tenancy until in 1954. From the date of the decree of distribution under which the stock was received from Mr. Hughes’ estate, Mrs. Hughes always considered herself the owner of the stock; “I not only considered it, I was. I took the dividends and spent it.” Dee Forward never “claimed any right as an owner to any of these shares.” During 1950-.51, Mrs. Hughes and Dee Forward had a safe deposit box standing in both names. Appellant and respondent were living together in Mrs. Hughes’ home from approximately December, 1949, until March, 1952, at which time, due to a family misunderstanding, Dee Forward left.