Cutrera
Cutrera v. McClallen
Opinion
Lead Opinion
Salsman, J.
This is an appeal from a judgment obtained by respondents on their cross-complaint, quieting their title to personal property and awarding them $2,959.98 due after an accounting. Appellant brought the action initially to quiet her title to personal property in her possession, which she claimed to have received from Martial Davoust as a gift causa mortis. The trial court found that if in fact the property had been given by the decedent to appellant, it was given in trust for the use and benefit of decedent’s surviving spouse, Artie Y. Davoust, and thereupon entered its decree in favor of respondents, who are administratrices of the estate of Martial Davoust. The decisive issue in the trial court concerned the intention of Martial Davoust at the time *606 of the events here in question, and we must look to the record to determine if substantial evidence supports the trial court’s findings and judgment.
Martial Davoust and his wife Artie V. Davoust were an elderly couple, and in poor health. The record suggests they owned the apartment house where they lived. Appellant and her husband lived in the same apartment house, in an apartment near that of the Davousts. The appellant and the…