O'NEIL

O'NEIL v. Spillane

Good Law
119 Cal. Rptr. 245·1975 Cal. App. LEXIS 1673·45 Cal. App. 3d 147
Court of Appeal of CaliforniaFebruary 7, 1975Civ. 32854California5,057 words

Opinion

Opinion

Kane, J.

Defendants, James and Frances Spillane, appeal from the trial court’s judgment ordering reconveyance of real property and awarding damages in favor of respondent.

The subject matter of the present litigation is the validity of a gift deed executed by respondent on December 18, 1964. By this deed respondent, the sole owner of residential property located at 87 States Street, San Francisco, created a joint tenancy in said property vesting a one-third undivided interest to appellants James Spillane and Frances Spillane and herself. The circumstances leading to the execution of the deed may be summarized as follows:

In July 1960 respondent lost her sister, her only living relative. The death of her sister wrought an unusually profound emotional strain upon respondent and triggered a downward mental and emotional trend in her life. As a consequence, respondent, an aging and lonely woman, became increasingly dependent upon a few friends upon whom she felt she could rely. Among these friends were appellants.

Toward the end of 1964 respondent asked Mr. Spillane to find an attorney to draft her will so that upon her passing she might reward some of those who had helped her…

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