Maxon

This is an action to set aside a joint tenancy with the right of survivorship, and quiet the plaintiff’s title in and to certain money and a certain note and trust deed.

On June 2, 1936, Norton H. Tharp, who was then 76 years of age, sold a ranch, which was his separate property, for $13,500, receiving $3,500 in cash and a note for $10,000 secured by a trust deed upon the property. The note and trust deed were made out in favor of Tharp, his wife, and Rose V. Avery, who was a niece of his wife, as joint tenants with the right of survivorship, and the cash received was deposited in a bank under a similar arrangement. Tharp’s wife died on November 15,1936. On January 11,1937, Tharp was adjudged incompetent and Donald A. Maxon was appointed as guardian of his person and estate.

The guardian brought this action, alleging that on June 2, 1936, Tharp was weak in body and mind, and unable to care for his property; that the defendant occupied a confidential relationship with him and he relied on her to attend to the details of his business transactions; that without his knowledge or understanding and in violation of the confidential relationship between them, she caused and procured the…