Banducci

Plaintiffs and appellants Joseph Banducci and Antonio Banducci, brothers, brought this action against another brother, Louis J. Banducci, as administrator of the estate of their mother, Carolina Banducci, deceased, to establish a trust to the extent of an undivided 2/8 interest in certain real property in Bakersfield. The three sisters, who were also heirs of the estate, were not made parties to the proceeding. After application therefor, leave of court was granted to Angelina Rossi and Mary Pierucci, sisters of plaintiffs, to intervene in the case. Their complaint sought to quiet title to the property against the claims of the plaintiffs.

The case was tried on the issues raised by the original complaint, the answer thereto filed by the administrator, the complaint in intervention, and the answer of the plaintiffs and the administrator thereto.

The complaint alleged that on April 19, 1939, plaintiffs and others executed and delivered to their mother a deed [absolute on its face], covering the property in question, which deed was recorded on November 29,1940, thirteen days after the mother died; that at the time of the execution of the deed plaintiffs were each the owner of an…