Creasman v. Boyle

• Decision Date: 20 August 1948
• Docket Number: 30446.
• Citation: Creasman v. Boyle, 31 Wn.2d 345, 196 P.2d 835 (Wash. 1948)
• Parties: CREASMAN v. BOYLE et al.
• Court: Washington Supreme Court

196 P.2d 835

31 Wn.2d 345

CREASMAN v. BOYLE et al.

No. 30446.

Supreme Court of Washington, En Banc.

August 20, 1948

Rehearing Denied Sept. 28, 1948.

Action by Harvey L. Creasman, against John M. Boyle, administrator of the estate of Caroline Creasman, also known as Caroline Paul, deceased, to have the plaintiff adjudged the owner and entitled to possession of certain realty and personalty title to most of which was standing in the name of the deceased, wherein Emma C. Middleton and Clarence Paul, as heirs of the deceased, intervened. From judgment awarding an undivided one-half interest in the property to the plaintiff and a like one-half interest to the administrator, the plaintiff appeals, and the defendants cross-appeal.

Judgment reversed with directions.

MALLERY C.J., and BEALS and ROBINSON, JJ., dissenting

Appeal from Superior Court, Kitsap County; H. G Sutton, Judge.

Ralph Purvis, of Bremerton, for appellant.

John M. Boyle, of Port Orchard, and Mervyn F. Bell, of Seattle, for respondents.

STEINERT Justice.

Plaintiff brought action asking that he be adjudged the owner and entitled to the possession of certain real and personal property, the title to most of which was then standing in the name of a deceased person; that the defendant, administrator of the deceased person's estate, be decreed to be the holder of this property in trust for the plaintiff; and that defendant be required to execute and deliver to plaintiff proper conveyances and transfers of title to the property. Defendant and two additional, intervening defendants, heirs of the deceased person, answered by denying the material allegations of the complaint, and asked that plaintiff's action be dismissed. Upon a trial by the court, without a jury, findings of fact and conclusions of law were made, upon which the trial court entered judgment awarding an undivided one-half interest in the property to the plaintiff and a like one-half interest to the defendant administrator. From that judgment, each and all of the parties have appealed. We shall hereinafter refer to the plaintiff as appellant, and to the defendant and additional defendants as respondents.

The facts of the case are as follows: Appellant, Harvey L. Creasman, is a Negro and, since 1923, has been a resident of Kitsap county, Washington. Caroline A. Paul, now deceased, was a white woman who, prior to 1937, lived in Des Moines, Iowa; in 1929, she was divorced from her husband, in that state. The respondents Emma Middleton and Clarence Paul, both of whom are married, are the children of Caroline Paul and the husband to whom reference has just been made. Emma Middleton, the daughter, lives in Seattle, and has three children, the oldest of whom is seventeen years of age.

Caroline A. Paul moved to Seattle in 1937, shortly after her daughter and family had located in that city. Some time after her arrival in Seattle, Mrs. Paul procured employment as a waitress in a cafe which was patronized by both colored and white people. About that same time, she met and became acquainted with appellant. Her early acquaintance with him was described by appellant in his testimony, as follows:

'Q. And when did you first meet Caroline A. Paul? A. I think it was 1937.

'Q. And where did you meet her? A. In Seattle.

'Q. And where was it you met her? A. Met her at Father Divine's Church.

'Q. Is that a church for colored people? A. Anybody.

'Q. Did you see her very often after you met her in 1937? A. No, because she got married to my friend.'

The record does not explicitly show but does indicate that some time between 1937 and 1939, Caroline A. Paul procured a divorce from one Henry C. Reynolds, in Seattle.

In the month of February, 1939, Mrs. Paul went to live with appellant, Harvey L. Creasman, in Bremerton, where appellant was employed in work involving the demolition of automobiles. They rented a house from appellant's employer and began living together therein as husband and wife, under the name of Creasman. At the time of entering into this liaison, the only property which Mrs. Paul owned or possessed was a 1933 Plymouth sedan, a small amount of jewelry, and $3.80 in cash; the only property which appellant owned was a Plymouth coupe, valued at $90.

On or about October 23, 1939, Mrs. Paul, using her true name, Caroline A. Paul, but while living with appellant under the name of Creasman, entered into a real estate contract with Mattie A. Joslin, by the terms of which Miss Joslin agreed to sell, and Mrs. Paul agreed to buy, the parcel of real estate involved in the present action. This property consisted of four lots in Navy Yard Addition to Sidney, in Kitsap county, upon which was a dilapidated, one-room 'shack,' with a shed attached. The purchase price was $875, of which $90 was paid by turning appellant's Plymouth coupe in on the contract, and the balance of $785 was to be paid in monthly installments of $12 each, with interest at the rate of six per cent per annum.

After negotiating this purchase, appellant and Mrs. Paul moved upon these premises and from that time forward lived thereon together as husband and wife, holding themselves out in the community as such, under the name of Creasman.

In April, 1940, appellant went to work in the Bremerton Navy Yard and was employed there until April, 1946. His total net earnings during that six-year period amounted to $13,435.30, plus $1,256.25 which was deducted from his pay in periodic installments for the purchase of war bonds. Nine of these bonds listed Caroline A. Creasman as beneficiary and the rest listed her as co-owner. The amount so earned during the entire period of six years averaged about $2,450 a year, or $204 a month.

In July, 1942, Mattie A. Joslin, mentioned above, executed and delivered to Caroline A. Paul a deed to the real property here involved, upon which appellant and Mrs. Paul were then residing. The evidence in the case sustains the finding of the trial court that all of the payments for this real property were made with moneys earned by the appellant while he and Mrs. Paul were living together as husband and wife. The payments were actually made, however, by Mrs. Paul.

Some time after the purchase of this real property on contract and after the parties had moved tehreon, appellant by his own personal labor, and with materials purchased by him and paid for out of his earnings, built two additional rooms onto the house and otherwise improved the property.

During the six years these parties lived together as above described, they also purchased for use in the home considerable furniture, furnishings, and household equipment. These purchases were made in the name, or charged to the account, of appellant and were likewise paid for out of his earnings, although Mrs. Paul usually made the actual payments.

It appears from the evidence that during the years 1945 and 1946, Mrs. Paul carried a checking account averaging about $150, in the Kitsap County Bank, under the name of Mrs. Caroline A. Creasman. In this account she deposited a number of appellant's Government checks issued in payment of his wages. It further appears that during the years 1945 and 1946, Mrs. Paul cashed all of the war bonds which had been previously purchased with appellant's earnings and in which she was named either as beneficiary or as co-owner. The proceeds of these bonds she deposited in a United States postal savings account under the name of Caroline A. Creasman. This account now shows a balance of $1,712, represented by postal savings certificates.

The relations and mode of living established between appellant and Mrs. Paul, as heretofore described, continued unbrokenly for a period of seven years, until terminated by the death of Mrs. Paul in October, 1946. Shortly after her death, appellant petitioned for letters of administration of the estate of Caroline Creasman, otherwise known as Caroline Paul. His petition alleged that he was the surviving spouse of the deceased, and that she left an estate consisting of real property valued at $3,500, and personal property of the probable value of $500. Appellant was appointed administrator, qualified as such, and acted in that capacity until his removal from office in March, 1947, presumably upon the petition of Emma Middleton and on a showing that appellant was not the husband of the deceased, Caroline A. Paul. Respondent John M. Boyle was thereupon appointed administrator in appellant's stead. Respondent Boyle thereafter filed an inventory and appraisement listing and valuing the property in the estate as follows: real property, above described, $3,000; household goods, furniture, and effects, $1,000; postal savings account, $1,712; Plymouth sedan, which Mrs. Paul owned prior to living with appellant, $60; sundries, consisting mostly of items of jewelry, $117; total, $5,889.

After his removal as administrator, appellant instituted this action, praying that he be adjudged the owner and entitled to the possession of all of the property listed in the inventory, except the automobile and jewelry.

In his analysis of the evidence, the trial judge stated that while the parties were not legally husband and wife, they nevertheless lived together as such and were so regarded by all of their friends; that she performed all the duties of a housewife and, besides, attended to all the business affairs which he left entirely to her management; and that by her thrift the parties were able to accumulate a fairly substantial estate. The substance of the court's statements is contained in the following paragraph: 'It is clear and convincing that he [appellant] did furnish all or practically all of the money. It is likewise clear and convincing that she [Mrs. Paul] furnished contributions to the...