Fritschi
Fritschi v. Fritschi
Opinion
Lead Opinion
Nourse, J.
Plaintiff sued to recover four bonds of the par value of $4,000 to which she claimed to be entitled as distributee in the estate of Alfred R. Fritschi, deceased. Plaintiff and defendant were sister and brother and the deceased was their uncle. On October 3, 1918, the uncle executed and recorded a deed conveying the home property in Piedmont and a bill of sale transferred the household furniture and the personal property to the plaintiff. These documents were not delivered to the plaintiff, but they, as well as the personal property, remained exclusively in the possession of the uncle until after his death. By the terms of his last will the uncle provided that the entire residue of his estate should go to the plaintiff and defendant, share and share alike, “including any interest that I may have in certain real and personal properties as conveyed by me by deed and bill of sale to the herein-above named Anna Marie Fritschi of Piedmont, Alameda County, California, under date of October 3, 1918.”
Upon the death of the uncle the plaintiff took possession of the home, the household furniture and other personal property, including an automobile, all of which she claimed had been given…