Bethel

Bethel v. Kirksey

Good Law
140 Cal. Rptr. 593·1977 Cal. App. LEXIS 1806·73 Cal. App. 3d 141
Court of Appeal of CaliforniaSeptember 6, 1977Civ. No. 50417California3,301 words

Opinion

Lead Opinion

Jeffersonbernard, J.

Petitioner Gladys Bethel (hereinafter Gladys), administratrix of the estate of Doyle Williams, deceased, petitioned the probate court for instructions and sought declaratory relief pursuant to Probate Code section 851.5, 1 with respect to certain real *144 property in the possession of, and claimed by, Georgia H. Kirksey (hereinafter Georgia).

After an adversary hearing, findings of fact and conclusions of law were signed by the trial judge declaring that claimant Georgia had acquired ownership of the subject property by adverse possession. Petitioner Gladys has appealed from the judgment entered in favor of Georgia.

From the petition and the claimant’s declaration (the contents of which were stipulated by the parties to be regarded as testimony on direct examination) and the evidentiary record, we have gleaned the following information:

Doyle Williams died intestate in Los Angeles County in 1934; apparently the only asset in his estate was two houses on a lot located at 223 North Mountain View Avenue in Los Angeles, the real property involved in the instant litigation. His wife, Tennessee, survived him and resided after his death on the property with her daughter,…

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