Berri
Berri v. Berri
Opinion
lead Opinion
Schauer, J.
Plaintiff appeals from an adverse judgment in this action in which he seeks a declaration that certain real property, title to which plaintiff transferred to his brother in 1930, was held in trust for plaintiff. We have concluded that the evidence supports all essential findings, the findings support the judgment, and the judgment should be affirmed.
This litigation involves a claimed one-half interest in a family ranch in Marin County, which ranch the predecessors in interest of the parties to the present litigation had acquired in 1894 and which for purposes of this opinion will be called *410 the Berri ranch. By the year 1930 ownership of the ranch had devolved upon Arnold Berri (plaintiff herein) and his brother Lindo Berri, each of whom held an undivided one-half interest, but subject to a life estate in one half of the ranch and to the payment of certain legacies. Defendants herein are the widow and children of Lindo, who succeeded to whatever title he possessed.
For approximately 10 years prior to January, 1930, Lindo and his family had been living in Gonzales, in Monterey County, where Lindo was operating a dairy ranch. During most of this same period Arnold, who resided…