Heltcel v. Wells Fargo American Trust Co.

California Court of Appeal Feb 16, 1962 No. Civ. No. 10282Published

Before: Schottky

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Holding. The court held that the trial court's determination that the estate property was separate property was supported by sufficient evidence, as the increase in value was attributable to real estate appreciation rather than community-funded labor, and family expenses are presumed paid from community earnings.

Issues

Whether the trial court erred in determining that property inherited by the decedent before and during marriage remained separate property despite the decedent's labor on the land.
Whether the increase in the value of the decedent's separate property during the marriage should be classified as community property.

Disposition. affirmed

Quotations verified verbatim against the opinion

“a finding of the trial court that property is either separate or community in character is binding and conclusive upon the appellate court, if it is supported by sufficient evidence”

“it is apparent from the record that the increased value of the property in the estate was the result of the increase in value of the real estate”

“any amounts of money expended for such purpose by either spouse during the existence of the marital relation are presumed to have been paid out of the community estate.”

SCHOTTKY, J. Clyde E. Heltcel died on February 16, 1960. Surviving him are his widow, Jane, and a niece, Lueymae Heltcel Allen.

[399]His will dated October 29, 1959, was admitted to probate. By it the deceased bequeathed his entire estate to the American Trust Company (now Wells Fargo Bank), as trustee. By the terms of the will Jane was to receive a minimum of $200 a month for life. Upon her death the balance of the trust was to be paid to the Linden Lions Club which was to use the money to create a scholarship fund. Thereafter Lucymae Heltcel Allen filed a petition to determine the interests in the estate. On August 4, 1960, Jane Heltcel filed a petition in which she asked the court to determine the community and separate property. The bank and the Linden Lions Club filed statements of interest.

After a hearing the court entered its judgment in which it was determined that all of the property in the estate was separate property except some farm equipment appraised at $1,731 and the proceeds of some hospital insurance appraised at $1,383.48. The court reserved jurisdiction to determine the interests in the estate until the termination of the trust.

The record discloses that the property determined to be separate property of the deceased consisted of the following:

1. Savings account in the sum of... $24,552.42 2. Note of Alexander and Marie Sambado .................. $26,628.00 Accrued interest.............. 517.76 27,145.76 3. Real property................ 55,000.00 4. Miscellaneous items........... 1,295.71 $107,993.89

The record discloses that in 1940, prior to his marriage, the deceased inherited two parcels of property from his mother. One parcel, less 8.20 acres, is the parcel remaining in the estate. It was appraised at $55,000. This property was improved prior to the marriage with a small four-room house. After marriage a laundry room and a place for a deep freeze were added. Some improvements were also made to the land.

The second parcel was sold to Alexander Sambado. The deceased received $8,527.42 in cash and a note for $33,285 on October 13, 1958.

On July 17, 1959, the deceased received $16,661.19 from his brother’s estate.

At the time of his death decedent had a savings account. The first entry, dated October 13, 1958, was $8,527.42. The second deposit, dated July 17, 1959, was for $9,000. The third deposit, dated October 7, 1959, was for $6,657, which was the

Heltcel v. Wells Fargo American Trust Co.

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