Medeiros v. Medeiros

SCHOTTKY, J. Manuel Medeiros died on the 20th day of March, 1949, in the County of Stanislaus, State of California. He left surviving him as his heirs at law Mary Medeiros, his wife, and four children, Manuel Medeiros, Jr., Mamie P. Cotta, John F. Medeiros, and Annie Silva. On March 21, 1949, deeds of gift of real property in Stanislaus County, executed by Manuel Medeiros, were recorded, said deeds naming John F. Medeiros as grantee. Also on March 21, 1949, John F. Medeiros withdrew $4,000 from a joint bank account standing in the name of Manuel Medeiros and John F. Medeiros and deposited it in a joint tenancy account of himself and wife.

On April 9, 1949, John F. Medeiros filed a petition for the probate of decedent’s will, said will having been executed on [195]March 2,1949. Said will contained a bequest to the wife, Mary Medeiros, of money in bank and certain personal property, but with the following provision:

. . It is expressly specified herein that the foregoing bequest to my wife shall be in lieu of any rights that my said wife, Mary, shall have in my possessions and to my property by way of homestead rights, by way of community property rights, as my widow or otherwise, or by way of any other claim whatsoever upon my estate, and in case any such rights are claimed by my said wife, all property bequeathed to her herein shall become part of the residue of my estate and shall go to my said children, John F. Medeiros, Annie Silva and Mamie P. Cotta, share and share alike.”

Said will also provided:

“I give and devise all real property, together with any personal property not otherwise disposed of herein, which I may own or possess at the date of my death to my son, John F. Medeiros; my daughter, Annie Silva, and my daughter, Mamie P. Cotta, in equal shares of one-third to each of said children.”

On November 12, 1949, appellant, Mary Medeiros, filed an action against John F. Medeiros, Mamie P. Cotta, as special administratrix of the estate of Manuel Medeiros, deceased, to set aside said deeds and to recover said $4,000. In said action, appellant alleges that the real property set forth in said deeds and said $4,000 were the community property of appellant and her husband, Manuel Medeiros, and that she is his surviving wife. She further alleges that said deceased had executed said deeds and had assigned said $4,000 without her knowlege and consent and that there was no consideration for said deeds and said assignment.