Simons v. Bedell

Citations

• 122 Cal. 341
• 55 P. 3
• 1898 Cal. LEXIS 583

Syllabus

<p>Estates or Deceased Persons—Eight of Distribution—Equity Jurisdiction—Equitable Eights of Heir against Oo-heir.—It is within the jurisdiction of the superior court sitting in probate to determine who is entitled to the distribution of the estate of a deceased person; but, if no objection is raised to the equity jurisdiction of the court over an action brought by one of two sole heirs at law to have it determined as against the other heir and her husband, and the administrator of the estate, that plaintiff was entitled in equity to a conveyance of the interest of the other heirs in land belonging to the estate, and to have it adjudged that plaintiff was equitably entitled to all the proceeds of the sale of such land made by the administrator, the subject matter will be treated upon appeal as within the equity •jurisdiction.</p> <p>Id.—Sufficiency of Complaint in Equity—Proposed Will—Agreement fob Disposition of Property—A complaint in equity by the husband of the decedent, showing that deceased expressed a desire to will property in this state to him, and property in New York to her mother, who was the only other heir, and that it was agreed that if decedent would make no will, and would deed the New York land to her mother, the mother and her husband Would convey the land in this state to the plaintiff, and that she conveyed the New York property to her mother upon the understanding that her parents were to convey to plaintiff as agreed, though not distinctly alleging that decedent refrained from making a will devising the land in this state to plaintiff in consideration of the promise of her parents, is not obnoxious to a general demurrer for want of such distinct allegation, nor for violation of the rule that only ultimate and not evidentiary facts should be pleaded.</p> <p>Id.—Agreement of Father with Decedent—Agency—Conditions of Conveyance to Mother—Duty as to Notice.—Where the decedent’s father agreed with her that he and her mother would convey the lands i