(Download) "American Trust Co. V. Fitzmaurice" by First Appellate District, Division Two District Court Of Appeal Of California * Book PDF Kindle ePub Free
eBook details
- Title: American Trust Co. V. Fitzmaurice
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 10, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Loraine Ward Temps instituted against her nephew Frank M. Fitzmaurice and his wife an action for a declaration that defendants held certain real and personal property which plaintiff had transferred to them in trust for plaintiff, and for an order that they reconvey said property to her. The property consisted of (1) certain shares of Transamerica Corporation and of Bank of America National Trust and Savings Association; (2) a note and deed of trust securing it, given by Thomas F. Fenton and wife for the balance of the purchase price of a parcel of improved real property sold to them by plaintiff, which note mentions defendant Frank M. Fitzmaurice as payee; (3) a parcel of improved real property on Funston Avenue in San Francisco, in which both plaintiff and defendants lived in separate apartments. Plaintiff alleged a confidential relationship with defendants, especially with her nephew, that the transfers were made at his instigation so that he would handle the property for her during her lifetime and pay her all the income, that he would reconvey to her on demand, and in case of her death retain what he had still under him, and that demand for a reconveyance was made and refused.