Brunner

The plaintiff was the daughter of John Schilling. In 1889 and after the death of the plaintiff’s mother, John Schilling married the defendant Ida Schilling Humason, who lived with him for about forty years until his death, which occurred on November 7, 1929, after which she married the defendant, Dan W. Humason. During their marriage the Schillings acquired- a piece of real property in Orange County which was on September 1, 1922, conveyed to them as joint tenants with the right of survivorship. In this action the plaintiff seeks to establish that this property was conveyed to her during the lifetime of John Schilling.

The complaint alleges that John Schilling was in 1922 and for a long time prior thereto had been the sole and separate owner of the property here in question; that on September 1, 1922, he deeded the property to Virginia T. Smith and on the same day she deeded the property to John Schilling and his wife as joint tenants; that thereafter John Schilling and his wife executed a deed conveying all of this property to the plaintiff, which deed John Schilling delivered to Ida Schilling to be delivered to the plaintiff at the time of his death; that John Schilling…