Adams v. Adams

MUSSELL, J. On June 27, 1955, Aram Adams died testate, leaving a surviving widow and two brothers. The brothers are the appellants herein. The decedent’s will, dated July 13,1954, contained a declaration that all of the property of the decedent was community property and directed that his wife, Diana, should have her one-half of the estate as her share of the community property and that the decedent’s one-half interest in the community property was subject to distribution, $15,000 cash to his nephew, and the remainder in equal shares to decedent’s two brothers.

Decedent and his wife owned and held certain real and personal property in their names as joint tenants and interests in other real property as tenants in common. The rest of the property, both real and personal, was in the name of the decedent.

The will was admitted to probate and the widow was receiving a family allowance from the estate, when, on March 29, 1956, an agreement in writing was entered into by and between Diana Adams, as first party, and the two brothers, as second parties, wherein it was recited that a dispute had arisen between the parties as to the proper interpretation of the will and other matters and that the parties desired to compromise and settle their differences and arrange for the orderly distribution of the estate of Aram Adams, subject to the approval of the superior court. This agreement was approved by the court by order made and filed May 22, 1956. In paragraph one of the agreement it is agreed that “All property, real and personal, standing of record or held in the names of First Party and Aram Adams as joint tenants, shall for the purposes hereof be considered as true joint tenancy property and shall in its entirety belong to and [319]be the property of First Party.” In paragraph two it is provided:

“All interests in real property, including fractional interests, held in the names of Aram Adams and First Party as tenants in common, shall for the purposes hereof be regarded and treated as being one-half of the property of First Party and one-half the property of Aram Adams, subject to his right of testamentary disposition. First Party shall retain her undivided one-half interest in said properties, or fractional parts thereof, under the deeds by which title was acquired. The one-half interest in said properties, or fractional parts thereof, considered herein as being subject to the testamentary disposition of Aram Adams, shall be distributed in undivided interests one-eighth to First Party and seven-eighths to Second Parties.”