Pometti

Pometti v. Laraia

Good Law
134 Cal. App. 545·1933 Cal. App. LEXIS 194·25 P.2d 857
Court of Appeal of CaliforniaOctober 9, 1933Docket No. 4745.California1,356 words

Opinion

Lead Opinion

Burroughs, J.

Henrietta Pometti was the mother of five children at the time of her marriage to Francesco Pometti in 1891. Of this second marriage there were five children, and these ten children were raised as one family. Considerable property, or at least numerous separate pieces or parcels of real estate were accumulated during the years that elapsed between their marriage and the death of Mrs. Pometti in 1923.

This is an action to quiet title to certain pieces of real estate in the city of Los Angeles. The action is brought by (Francesco) Frank Pometti and the five children of Mrs. Pometti’s former marriage are named as defendants. The complaint was filed April 27, 1928.

Certain undisputed facts are as follows: In December, 1915, Frank Pometti executed to his wife, Henrietta Pometti, a deed of gift of the two pieces of property involved in this action. April 27, 1922, Henrietta Pometti redeeded this same property to her husband, Frank Pometti. On the twenty-ninth day of April, 1922, Frank Pometti made his will, and at the same time, and in the same place, Henrietta Pometti made her last will and testament. The wills were nearly identical, the husband giving all to the wife during her…

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