Marron V. Marron

Court of Appeal of California

Marron v. Marron 19 Cal.App. 326

Facts

Nellie Marron, administrator and wife, of one deceased Thomas Marron, asked the California Court of Appeal to set aside a deed that the deceased, Thomas Marron, made to his mother for (almost) all of his real and personal property valued at $15, 000. Whereas his mother, the defendant, Mary Marron purchased for the mere sum of $100.00. Nellie Marron alleges that the deed was obtained through fraudulent means as the defendant knew that the deceased was a habitual alcoholic and was drunk during and at the time leading up to the signing, notarizing and handing over of said deed. The plaintiff Nellie Marron alleges that her deceased husband was in no way or at any time in complete control of his faculties. The plaintiff claims that the deceased unwittingly gave up the deed with said real and personal property to the defendant, thus excluding herself and that of their 4 month old daughter whom he loved fiercely. The plaintiff has stated this proves he was and remained up until the time of his death mentally incompetent (even) to the complete knowledge of the defendant, who took advantage of this knowledge so as to gain access to the deed and pursue a judgment of nonsuit towards the plaintiff. Because of these sufficient facts the plaintiff has partitioned the courts to set aside the deed.

Issue

The plaintiff, Nellie Marron, petitioned the Superior Court of the City of San Francisco and asked them to reverse the previous ruling of the lower court. The lower court had ruled in favor of the defendant Mary Marron and granted her motion for a nonsuit in response to the plaintiffs action to set aside her husbands deed or transfer of property to the defendant, the mother.

Rule

In applying the rule of law to Marron v. Marron, the court held that, “When evidence is fairly susceptible of two constructions, or if either of several inferences may reasonably be made, the court must take the view...