Power v. Jones

WARNE, J. pro tem.* This is an appeal from a decree and judgment quieting title to real property.

Mary Delome Trent, the mother of the appellant and the respondent herein, died testate in 1931. By her will she left all of her estate to her husband for life and after his death to her daughters Plelen Trent Power and Evelyn Trent, now Evelyn Trent Jones, in trust, to be held until there were but two survivors of the testator’s eight children. The two daughters were named as executrices of the estate and duly qualified as such.

The decedent was married to L. C. Trent, and during their lifetime and marriage they acquired the property in question in the name of L. C. Trent. It apparently was purchased out of community funds. However, in 1926, decedent acquired color of title to the property in her own name in a quiet title suit. Her husband was not a party to that action either as plaintiff or defendant.

During the course of administration of the estate of Mary Delome Trent, deceased, appellant and respondent as executrices thereof reported all of Parcel II and an undivided onelialf interest in and to Parcel III, including a right of way or easement appurtenant to Parcel III, in the inventory and appraisement filed in said estate proceedings as property belonging to the estate of Mary Delome Trent; and thereafter, on October 24, 1932, the property was, by decree of distribution, distributed to L. C. Trent, the decedent’s surviving spouse, for life, with the remainder at his death to Helen Trent Power and Evelyn Trent, as trustees, for the uses and purposes stated in decedent’s last will and testament.

In June of 1932, L. 0. Trent conveyed Parcell III to one Sophia Rosenberg, and on the same day Sophia Rosenberg, [595]by deed, conveyed said parcel to L. C. Trent and Evelyn Trent, as joint tenants.

L. C. Trent died testate in March, 1935, and on April 8, 1935, a decree establishing the fact of his death and terminating the joint tenancy was entered, investing title to Parcel III in Evelyn.

Immediately after the death of their father, the two daughters, Helen and Evelyn, began their duties as trustees of the testamentary trust created by their mother’s will; and in that capacity they collected the rents of the cottages on Parcel II, paid all the taxes, and, in general, cared for and managed the property. However, in 1955, Evelyn was removed as a trustee by order of court because of a conflict of interest created by her claim as executrix under her father’s will that the real property involved herein belonged to the estate of her father. Under the terms of her father’s will, she was his sole beneficiary and as such any real property which he owned at the time of his death vested in her. Although her father’s will was in her possession at all times after his death, she did not file it for probate until 1954. In her petition for letters testamentary she listed Parcel II as part of the assets belonging to her father’s estate.