O'Shields
Bank of America National Trust & Savings Ass'n v. O'Shields
Opinion
Opinion
Nourse, J.
This is an action to quiet the title of the estate of Mary Laura Coffey, deceased, to certain real and personal property, instituted by the Bank of America as administrator with the will annexed of said estate against Mae O’Shields, a half-sister of deceased, who took possession of said property at decedent’s death. Defendant by answer claimed title in herself stating seven separate defenses and counterclaims in which her alleged right was variously based on written agreements made in 1946 that defendant would have all of decedent’s property at decedent’s death in consideration of defendant giving up her home and employment in South Carolina and coming to California, on estoppel created by writing to similar effect, and on trusts of all said property created by decedent in writing in defendant’s behalf. The court, sitting without a jury, found in substance that an agreement made between decedent and defendant in 1946 required the latter, as consideration for decedent’s promises to leave her all her property by will, not only to come to California, but also to live with decedent and furnish her with companionship and care during decedent’s lifetime, that defendant did not perform…