Hochstein v. Berghauser

Citations

• 123 Cal. 681
• 56 P. 547
• 1899 Cal. LEXIS 1138

Syllabus

<p>Reformation of Deed—Mutual Mistake—Degree of Proof.—A court is not authorized to reform a deed upon the ground of mistake, unless it is shown by clear and satisfactory evidence that there was a mutual mistake, and that, as written, it does not express the intention of both parties; and the evidence must be such as to leave no reasonable doubt in the mind of the court in what the mistake consisted, and what reformation should be made to express the intention of both parties.</p> <p>Id.—Question of Fact—Findings—Sufficiency of Evidence.—The question whether the evidence is sufficient to establish the intention of both parties contrary to the terms of the instrument, is one of fact to be determined by the trial court, and its decision upon the weight or conflict of the evidence is not open to review upon appeal. Where the court finds that there was no inadvertence or mistake on the part of either of the parties or of the scrivener, its findings cannot be disturbed upon appeal as not sustained by the evidence, if the appellate court cannot say from the evidence that its conclusion was incorrect.</p> <p>Id.—Husband and Wife—Executory Agreement—Life Estate, with Remainder to Children—Deed in Feb Simple—Presumption.—An executor’s agreement between a husband and wife, pending an action for divorce, that the husband would convey a life estate to the wife, with remainder to the children, does not vest any interest in the children, nor prove a mistake in a subsequent deed from him to her in fee-simple. The parties could change the terms of the agreement so long as it was executory, or make such other disposition of the property as they might choose. It must be presumed that the deed, when executed, expressed the intention of the parties.</p> <p>Construction of Deed—Limitation to “Heirs” of Deceased Children. A limitation in a deed of part of a remainder to the “heirs” of deceased children, is to be construed as meaning persons who would succeed to their estate in case of in