Silveira v. Silveira

SCHOTTKY, J. Appellant commenced an action in which he sought a decree that respondent Theodora M. Silveira held a one-third interest in certain real property as trustee for appellant and also sought an accounting from respondents for the income from said real property. Respondents denied the material allegations of the complaint and, following a trial before the court without a jury, judgment was rendered in favor of respondents. This appeal is from said judgment.

The record shows that the four parcels of realty involved in the action and known as the Newman property were acquired by John M. Silveira, Sr., prior to his marriage to defendant Theodora M. Silveira in 1919. There was testimony to the effect that at this time the property was not yet fully paid for. There was also testimony to the effect, and it was so found by the court, that during the depression years of the 1920’s the Newman property became heavily [699]encumbered, the debt exceeding the value of the property, and such debt was paid by the work and labor of the marital community.

Theodora came to the Silveira home on the Newman property in 1916 as a housekeeper. Silveira, Sr., and his two sons by a former marriage, Joseph and plaintiff, John, Jr., were then operating the property as a dairy ranch. In 1917, Silveira, Sr., deeded a one-half interest in the Newman property to his sons Joseph and John, Jr. John, Jr., deeded his interest to his brother Joseph in 1920. Joseph deeded his interest to his father, Silveira, Sr., in 1934. In 1920 or 1921 the Newman property was leased and the Silveira family moved to a ranch at Tracy, title whereto was in the name of Joseph. After his marriage in 1921, plaintiff, John M. Silveira, Jr., maintained a separate home.

Joseph died testate in 1935. His entire estate, including the Tracy property, was distributed to his brother, John M. Silveira, Jr. On the same date John, Jr., deeded the property to himself and his father, Silveira, Sr., in joint tenancy. Plaintiff, John, Jr., moved onto the Tracy property, and the Silveira family, consisting of Silveira, Sr., defendant Theodora, and their son, defendant Stephen, who is John, Jr.’s half-brother, returned to the Newman property.

Silveira, Sr., died intestate on February 14, 1944, and defendant Theodora was appointed administratrix of his estate. Under the decree of final distribution entered October 17, 1944, in the estate of John M. Silveira, Sr., deceased, the sole distributee was defendant Theodora, and the entire estate, including the Newman property and a half-interest in the Tracy property, was distributed to her as community property of decedent and herself.