Cutrera v. McClallen

SALSMAN, J. This is an appeal from a judgment obtained by respondents on their cross-complaint, quieting their title to personal property and awarding them $2,959.98 due after an accounting. Appellant brought the action initially to quiet her title to personal property in her possession, which she claimed to have received from Martial Davoust as a gift causa mortis. The trial court found that if in fact the property had been given by the decedent to appellant, it was given in trust for the use and benefit of decedent’s surviving spouse, Artie Y. Davoust, and thereupon entered its decree in favor of respondents, who are administratrices of the estate of Martial Davoust. The decisive issue in the trial court concerned the intention of Martial Davoust at the time [606]of the events here in question, and we must look to the record to determine if substantial evidence supports the trial court’s findings and judgment.

Martial Davoust and his wife Artie V. Davoust were an elderly couple, and in poor health. The record suggests they owned the apartment house where they lived. Appellant and her husband lived in the same apartment house, in an apartment near that of the Davousts. The appellant and the Davousts had been acquainted for several years. It is appellant’s claim that because of their age and infirmity, and their friendship, she rendered personal services to the Davousts, such as cooking, cleaning their apartment, and bathing them. On April 25, 1959, at about 7 a.m., appellant heard a noise in the Davoust apartment, and entered to investigate. She found Martial Davoust on the floor, hemorrhaging and unable to rise. She called Dr. McMurdo, the Davoust family physician, who recommended that Martial Davoust be taken to a hospital at once, because in the doctor's opinion he was near death. Before being taken to the hospital Martial Davoust requested appellant to bring to him a box and also some bank books which were in his coat pocket. Appellant brought the box and bank books to Martial Davoust, and he then handed them back to her and said: “I want you to have this and I want you to take care of Artie . . . Take care of Artie and everything while I am gone.” Appellant then took possession of the box and bank passbooks. Martial Davoust was taken to a hospital and died the next day. Appellant eared for Artie Davoust for about one month, until respondents were appointed administratrices of the estate of Martial Davoust, and guardians of Artie Y. Davoust. Appellant then filed her action to quiet title to the property transferred to her by Martial Davoust. The box contained numerous certificates representing shares of stock and debentures, and the bank account passbooks represented cash deposits exceeding $100,000.