Neil
Neil v. Gross
Opinion
Lead Opinion
Stephens, J.
Josephine Neil, the mother of Edna Mae Lee, bankrupt, prior to 1934 owned as her separate property the two pieces of .California real property involved in this action. In that year Josephine Neil deeded the property without consideration to one Faye Snyder, and Faye Snyder without consideration deeded the same to Josephine Neil and Edna Mae Lee as joint tenants with the right of survivorship. The deeds were duly recorded at the request of Mrs. Neil.
On March 12, 1936, Edna Mae Lee, voluntarily and without consideration, executed and delivered to her mother, Josephine Neil, quitclaim deeds of all her right, title and interest in the property. Four days later, on March 16, 1936, Edna Mae Lee filed a petition in bankruptcy. There was but one creditor’s claim filed, and that one was upon a debt which antedated the transfer of the property in joint tenancy above set out.
Appellee, trustee of the estate of the bankrupt, filed suit against Josephine Neil and Edna Mae Lee to set aside the quitclaim deed above referred to. The issues were joined by defendants filing their third amended answer, which denied all the allegations of the complaint, and alleged that Josephine Neil was at all…