Veirs

Veirs v. Roberts

Good Law
1919 Cal. App. LEXIS 237·39 Cal. App. 684·179 P. 689
Court of Appeal of CaliforniaFebruary 11, 1919Civ. No. 2628.California960 words

Opinion

Lead Opinion

Kerrigan, J.

This is an action to quiet title brought by plaintiff against her brothers and sisters and the administrator of her mother’s estate.

The questions involved in the appeal turn on the validity of a deed made by the plaintiff’s mother to her of the property described in the complaint.

On March 2, 1881, William R. Roberts, Sr., died, leaving his belongings, which were all community property, to Mary J. Roberts, his widow, and to his children. Out of the proceeds of her share of the estate, as distributed, Mary J. Roberts in the year 1888 purchased the property now in controversy for three thousand five hundred dollars. In the year 1907 she made and delivered to her daughter, the plaintiff, a deed of gift of said property, and included in the gift the furniture and personal effects in the home. From the time of the purchase of said property by Mary J. Roberts until the time of her death she and the plaintiff lived upon it. At the time Mrs. Roberts delivered to the plaintiff the deed above referred to, she said to her, according to the plaintiff’s testimony, “Here is the deed to the place. Put it away and keep it until I tell you to have it recorded.” The deed accordingly remained…

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