Hart v. Nagasawa

This action was brought by plaintiff to have it determined that he is the owner of a joint life estate in certain real property in Sonoma County, and to quiet his title thereto. The answer of defendant denies the existence of any interest in plaintiff, alleges the entire fee is in defendant, and, in addition, sets up as an additional defense

The real property involved is a ranch called by the parties and hereinafter referred to as Fountain Grove. Both appellant and respondent claim through a deed from Thomas L. Harris and Jane L. Waring Harris. This deed was executed and delivered to the grantees therein named in the year 1900. The main controversy in this case is over the proper interpretation of that deed, and over the nature of the estate conveyed to the grantees thereby.

The granting and habendum clauses of the deed read as follows:

“The said parties of the first part [Mr. and Mrs. Harris] for and in consideration of the sum of forty thousand dollars ($40,000.00) . . . have granted, bargained, and sold, conveyed and confirmed, and by these presents do grant, bargain and sell, convey and confirm unto the said parties of the second part [Kanaye Nagasawa, Miss Eusardia Nicholas, Miss Margaret Edith Parting, Robert Morris Hart, appellant, and Mary Elizabeth Hart, his wife] and to their heirs and assigns forever [here follows a legal description of the lands included within Fountain Grove] ... To have and to hold, all and singular, the said lands and premises . . . unto the said parties of the second part, in joint tenancy, with full and absolute title to his or her, the last survivor of the said parties of the second part, and to the longest liver of the said parties of the second part, and to his or her heirs, administrators or assigns forever.”

Although it is admitted that the forty thousand dollars consideration named in the Harris deed never actually passed, it is likewise admitted that the deed was amply supported by other consideration, and was legally sufficient to convey to the grantees the estate therein mentioned.

In 1903, Miss Nicholas, one of the grantees, died. In 1911 Miss Parting, another of the grantees, executed and delivered to respondent a grant, bargain and sale deed conveying to respondent all of her right, title and interest in the premises affected by this action. Miss Parting has since died. In 1919 appellant and his wife executed and delivered a quitclaim deed to respondent of all of their right, title and interest in and to Fountain Grove. Mrs. Hart has

Appellant contends that the 1919 quitclaim deed executed by him was not supported by consideration, and was secured from Mm by undue influence and duress exercised by respondent. The main contention of appellant is that the Harris deed did not convey the fee simple title to Fountain Grove to the grantees in joint tenancy, but conveyed a joint life estate with contingent remainder to the survivor and his or her heirs. It is therefore contended that if appellant is correct in his interpretation of the Harris deed, even if the quitclaim deed of 1919 was valid, all that was conveyed thereby was the life interest of the Harts. If these contentions were correct appellant would still have an interest in the property in the nature of a contingent remainder. Respondent contends that the Harris deed conveyed the fee title in joint tenancy to the five grantees, and that since all of the other grantees have either died or deeded their respective interests to him, he is now the sole owner in fee simple. The trial court interpreted the Harris deed as does respondent, and determined the issues of consideration, undue influence and duress in his favor.

We have no hesitancy in holding that the Harris deed conveyed the fee in joint tenancy. The granting clause purports to convey the fee-simple title to the five grantees without limitation. The habendum clause simply defines the estate granted as a joint tenancy, with right of survivorship. The language “with full and absolute title to his or her, the last survivor of said parties of the second part, and to the longest liver of the said parties of the second part, and to his or her heirs, administrators or assigns forever” is merely descriptive of one of the chief incidents of a joint tenancy, i. e., the right of survivorship. We can read nothing in that language but a rather inapt and unhappy statement that the grantees are to hold as joint tenants, with fee to the survivor. Out of an abundance of caution the scrivener then described the survivor as the “longest liver of the said parties of the second part”. Everything that follows the words “in joint tenancy” in the habendum clause simply is an express provision for what would otherwise be implied from the use of the words “joint tenancy”, that is, the right of survivorship.

The trial court admitted considerable evidence as to the relationship between the grantors and grantees, and the circumstances under which the deed was executed. Nothing appears therefrom which directly or indirectly discloses any intent on the part of the grantors to create other than a fee simple in joint tenancy.

Authorities are not lacking to the effect that the language used in the present deed creates a joint tenancy in the fee. In Swan v. Walden, 156 Cal. 195 [ 103 Pac. 931 , 932, 134 Am. St. Rep. 118 , 20 Ann. Cas. 194], the interpretation of

“Without reviewing appellants’ citations from the courts of other states, we find them all distinguishable from the case at issue here, and for the most part concerned with the construction of deeds in which the habendum clause is in irreconcilable conflict with the granting clause. Such is not the condition here. In Swan v. Walden, 156 Cal. 195 [ 134 Am. St. Rep. 118 , 20 Ann. Cas. 194, 103 Pac. 931 ], in which case the deeds in question more nearly correspond to the deed under consideration here than in any of the foreign cases cited, our Supreme Court held that a conveyance to grantees, husband and wife, ‘as joint tenants, with fee to the survivor’, and another to grantees as husband and wife ‘during their joint lives’, and afterward to the survivor in fee simple absolute, vested the estate in these grantees in joint tenancy. We reach the same conclusion in this case.”

We find nothing contrary to these views in Montgomery v. Sturdivant, 41 Cal. 290 . There the deed expressly provided for a life estate and remainder to the heirs of the bodies of the grantees. The court properly held that giving the words used full effect “it is a conveyance to the grantees for their joint lives . . . with remainder to the issue and heirs of their two bodies”. In the instant case giving the words used their full effect a joint tenancy with right of survivorship was provided for.

Nothing more need be said on this phase of the case. We therefore hold that the Harris deed was intended to and did vest in the five grantees as joint tenants the fee-simple title to Fountain Grove. Upon the death of Miss Nicholas in 1903 the fee was then vested in the four survivors. In 1911 Miss Parting conveyed to respondent her interest in the property. Then in 1919 appellant and his wife quit-claimed their interest in the property to respondent. O'b

Respondent, Nagasawa, first met Mr. Harris in 1867 in London. He came to the United States in that year and renewed his friendship with Mr. Harris, who had preceded him to this country. In 1875 he accompanied Mr. and Mrs. Harris to California. Harris purchased the property which is the subject of this suit, and from that time on Nagasawa managed and supervised it. Harris was widely known for his religious and philosophical teaching and writings. He organized a group, of which the five grantees in the Harris deed were the nucleus, who were interested in living according to the precepts taught by Harris. Miss Nicholas and Miss Parting came to live at Fountain Grove in 1885 or 1886, and contributed various sums of money to Harris in order that he could carry on his teachings. Evidently the profits from the sale of the products of Fountain Grove were largely used for the same purpose. Mrs. Hart, then unmarried, came to live at Fountain Grove in 1886, and Mr. Plart came shortly thereafter. The Harts were married at the ranch in 1887. The Harts left Fountain Grove in 1892 and went to New York to work for Harris at a depot from which the products of the ranch were sold and distributed. Under the personality and leadership of Harris the five grantees were very friendly to each other, and all contributed either money or services to the enterprise. Harris went to New York in 1900 and left Nagasawa in charge of Fountain Grove. He then caused his attorney, A. B. Ware, to prepare and deliver the deed granting the land to his five faithful workers. After this deed had been delivered Harris still remained closely in touch with Fountain Grove, and continued his religious and philosophical teaching and writing. Through 58 Yesey Street, New York, the distributing depot for the products of Fountain Grove, he continued to receive large sums of money for living expenses and for carrying on his life work. The evidence

At the time the action was. commenced the defendant had resided upon the premises for a period of more than fifty-five years, and it was almost solely through his management and supervision that the vineyards were planted and the products of the vineyards were manufactured into wines, tonics and grape-juice beverages. His interest antedates the passage of the Alien Land Act by many years. He had been in the sole and absolute possession of said premises for many years before the passage of the Alien Land Act. In fact his right of possession has never been questioned by plaintiff or by anyone else. A bonded winery upon the premises has been in operation for a number of years. Since 1919 defendant has procured from the United States government various permits authorizing him to sell wines and wine tonics under his name. He has made leases of portions of the said premises for gas station and airport purposes, sold a portion to the state for highway purposes, and in 1927 or 1928 executed to the Bank of Italy of Santa Eosa a mortgage as security for a considerable sum of money which he borrowed from said bank. His right of occupancy or dominion had never been questioned until the filing of this belated action.

Upon the death of Mrs. Harris in 1916 the Harts took over the management of the so-called trust fund. In 1919 Nagasawa had some discussion with the Harts about the trust fund. He finally wrote to the Harts pointing out that possibly he had some claim to the trust fund and suggested an accounting. He stated that unless such an accounting

From the above facts it sufficiently appears that the contention of appellant that the quitclaim deed was secured by respondent by duress or undue influence is utterly without merit. The record clearly shows that the 1919 agreement was the result of a mutual understanding, and entirely satisfactory to appellant when it was entered into. The evidence further shows that Hart entered into the agreement gladly and of his own free will. It might be added that with the exception of some information contained in a purported copy of a telegram, which was properly excluded from the evidence because no proper foundation was laid for its introduction, Hart admitted that in 1919 he knew every fact concerning the transaction which he knew in February, 1931, at the time of the trial. Appellant’s good faith in making the contention at this late date that the agreement was secured by undue influence and duress is open to some doubt. The evidence likewise shows a legal and adequate consideration. The assumption by Nagasawa of all liabilities connected with Fountain Grove, of itself, would be sufficient consideration. The release of all claims to the trust fund was clearly the result of a valid compromise. It is, of course, well settled that the compromise of even a doubtful claim maintained in good faith constitutes a valid and legal consideration. (Bank of Commerce v. Scofield, 126 Cal. 156 [ 58 Pac. 451 ]; Rohrbacher v. Aitken, 145 Cal. 485 [ 78 Pac. 1054 ].)

Appellant, without any allegation of ineligibility in the pleadings, rather vaguely points out that the evidence shows that Nagasawa was born in Japan, and inferentially is of Japanese blood, and that under the Alien Property

The other points raised by appellant are so unsubstantial as not to require discussion.'

We are of the view that the trial court’s interpretation of the language of the deed should not be disturbed.

Judgment affirmed.