Sherman v. Sandell

Citations

• 106 Cal. 373
• 39 P. 797
• 1895 Cal. LEXIS 615

Syllabus

<p>Trust— Conveyance from Husband to Wife—Presumption—Conflicting Evidence as to Oral Trust for Children.—Where a husband, during a serious illness, executed a conveyance of lands to his wife in consideration of love and affection, and, after recovering from his illness, he and his wife sold and disposed of a large amount of the land, and there was no writing evidencing a trust for the children, the parties to the conveyance must be presumed to have intended the legal effect of the terms of the conveyance, unless it is clearly and satisfactorily shown by a preponderance of evidence that at the time of the conveyance there was an oral agreement that the land should be held in trust for the children, and where the evidence is conflicting as to such contemporaneous oral agreement, a finding that it did not exist is conclusive upon the appellate court.</p> <p>Id.—Subsequent Oral Declarations.—An absolute conveyance of lands cannot, after its execution, be turned into a trust by any subsequent oral declarations of the parties thereto.</p> <p>Id.—Immaterial Findings and Rulings.—Where the court finds that the trust upon which the plaintiff’s right of action depends was not created, issues as to whether the property was at the date of the instrument community property or separate property, or whether the defendant was improperly managing the property, or was under the undue influence of her husband, became irrelevant, and any error in the findings of the court upon this issue, or in its rulings as to the admission of evidence in their support, are immaterial.</p>