Case Brief

Natashia Johnson

Intro to Legal Analysis and Writing

Case Brief

CITATION:

Marron v. Marron, 19 Cal. App. 326. (Cal.App. 1 Dist. 1912)

FACTS:

On April 22, 1907, in consideration of the sum of $10, the deceased made a deed and assignment to his mother of property estimated to be of the value of about $15,000, and being nearly all of his real and personal property. He was then about thirty-three years of age. "He was fragile and a man of very nervous temperament"; was married and had a child, a girl, about four months old. At the time of his marriage in February 1901, he was accustomed to drink occasionally intoxicating liquor, and in the spring of the following year commenced to drink such liquor to excess, and continued to do so until the time of his death. In February 1907, at the request of his wife, he took a solemn pledge to abstain from the use of all such liquor for one year. Between this date and the date of making the deed and assignment he had been *330 in several medical institutions for treatment for alcoholism. His craving for liquor was so strong that he broke his pledge the day he took it. On the way home from one of the hospitals where he had been treated for his unfortunate habit he obtained and drank liquor. It was his custom for several months prior to making the transfers in question to take whisky or beer to bed with him to drink during the night. In brief, according to testimony introduced by plaintiff, he had become a habitual drunkard. On the day he made the deed and assignment he was drunk, stupid and appeared irrational. "He was not in his right mind and he didn't know what he was doing." His mother and other members other family were probably present when he executed the instruments, but his wife, whom he held in high regard, was absent and knew nothing about the transaction until several days afterward. The notary before whom the acknowledgment was made, believing that the deceased was conveying his property to his wife,...