Gerard v. Gerard

[62 CalApp2d Page 674] The main question to be determined on this appeal is whether a deed signed by Emelie Cederholm as grantor and running to Chas. Gerard and Mary Gerard as grantees, under date of August 6, 1940, was delivered by the grantor with intent to make it presently operative as a deed passing title to the land described in it. Mrs. Emelie Cederholm was the sister, and Mary Gerard was the wife of Chas. Gerard, who is the defendant Charles A. Gerard. Mrs. Cederholm died August 10, 1940, and Charles A. Gerard was appointed administrator of her estate on September 3, 1940. On January 8, 1941, Chas. Gerard quitclaimed to Mary Gerard all his interest in the property described in the deed of Mrs. Cederholm, so far as it is involved in this appeal, merely to enable her to bring this action. On August 29, 1941, Mary Gerard began this action against Charles A. Gerard as administrator of the estate of Emelie Cederholm, making Jeanne Seguin also a defendant, to quiet plaintiff's title to a part of the property described in the deed of Mrs. Cederholm above mentioned. Defendant Jeanne Seguin filed an answer and cross-complaint to which both Mary Gerard and Charles A. Gerard as an individual were made defendants, in which she alleged that Emelie Cederholm at the time of her death was the owner of all the property described in the deed first above mentioned, that said deed had never been delivered as an effective conveyance, and that the cross-complaint was a sister and heir at law of Emelie Cederholm, and sought to have the deed declared void. The cross-complaint contained other matters, but they are immaterial to the present appeal. The trial court made findings in favor of the defendant and cross-complainant, stating that the deed in question was signed by Emelie Cederholm and handed to Charles A. Gerard in her presence, but that she ""did not at any time intend to make delivery of said deed to any person or persons"" and ""did not make a delivery of said deed or deliver said deed with the intention of conveying any interest to the property therein described unto the cross-defendants herein or either of them, or as to any part of said property"" and gave judgment that the deed was void, that the property was a part of the estate of Emelie Cederholm, and that the cross-defendants [62 CalApp2d Page 675] had no interest therein, except the interest of Charles A. Gerard as an heir. From this judgment both of the cross-defendants appeal.