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In re Rudman’s Estate, 85 Cal.App.2d 270, 193 P.2d 39

Facts

The property at issue was cash from the sale of real estate that was originally purchased by Jacob Wickstrom and held in joint tenancy with his sister Lottie C. Rudman and her husband Emil R. L. Rudman. Upon the deaths of Jacob and Emil, Lottie became the sole owner of the property, which she did not distribute during her lifetime. Grace V. Renard, an heir of Lottie, petitioned for partial distribution, which was opposed by Hallie Breese, who claimed a right to half of the property as the next of kin of Emil.

Issue

Did any of the separate property of Emil R. L. Rudman become vested in Lottie C. Rudman upon his death, thereby entitling his heirs to a share of the property?

The question then is simply this: By the death of Emil R. L. Rudman and the consequent vesting in Lottie C. Rudman of the entire title to the property, did any of the separate property of her predeceased husband become vested in Lottie C. Rudman?

Rule

According to Section 229 of the Probate Code, if a decedent leaves no spouse or issue, and the estate was separate property of a previously deceased spouse, it should be distributed to the children of the deceased spouse or their descendants.

Section 229 of the Probate Code reads as follows: ‘If the decedent leaves neither spouse nor issue, and the estate or any portion thereof was separate property of a previously deceased spouse, and came to the decedent from such spouse by gift, descent, devise or bequest, or became vested in the decedent on the death of such spouse by right of survivorship in a homestead or in a joint tenancy between such spouse and the decedent, such property goes in equal shares to the children of the deceased spouse and to their descendents by right of representation, and if none, then to the parents of the deceased spouse in equal shares, or if either is dead to the survivor, or if both are dead, in equal shares to the brothers and sisters of the deceased spouse and to their descendants by right of representation.’

Analysis

The court analyzed whether the property in question could be considered separate property of Emil R. L. Rudman. It concluded that since the entire consideration for the property was paid by Jacob Wickstrom, no part of it could be attributed to Emil or his family. Therefore, the property was deemed to be Lottie's separate property, and the provisions of Section 229 did not apply.

In considering this matter we must bear in mind that the entire consideration for the property which was in joint tenancy was paid by the brother of Lottie C. Rudman and that being the case, no part of the consideration could have or did come from the deceased husband or his family or the community property of Emil R. L. Rudman and Lottie C. Rudman.

Conclusion

The court affirmed the decree of partial distribution, ruling that the property should be distributed to Lottie's heirs and not to the heirs of Emil R. L. Rudman.

The decree of partial distribution is affirmed.

Who won?

Grace V. Renard prevailed in the case because the court found that the property was Lottie C. Rudman's separate property and not subject to distribution to Emil R. L. Rudman's heirs.

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