WINTERS VS. WINTERS (DIVORCE PROPERTY & ALIMONY)

Key holdings

Practitioner summary

Appeal by the defendant Winters children from a decree adjudging plaintiff Nellie G. McCormick (who died after judgment; her executrix and her surviving child's guardian ad litem were substituted) equitable owner of an undivided interest in Washoe County ranch lands standing of record in Margaret Winters's name at her intestate death on May 30, 1898, and from denial of a new trial. Norcross, J., first overruled motions to dismiss (the corrected record showed the new trial papers timely; one undertaking suffices for appeals from both judgment and new trial order, Robinson v. Kind, 25 Nev. 261, 277). On the merits: the January 1904 deed from all six children to Theodore Winters, executed without consideration to enable him to adjust indebtedness to the Washoe County Bank (followed by his mortgage of February 11, 1904 securing a $15,000 note), vested title in him in trust; his September 3, 1904 deed conveying the lands to the other children with an express exclusion of plaintiff (reserving a life estate; recorded March 8, 1906, after his death) was a fraud on her rights, and the grantees, charged with knowledge, took subject to the trust. On characterization: the 640 acres deeded April 30, 1896 'as her separate property' were concededly separate; the 1864 conveyances, made before the constitution and the 1865 statute (Stats. 1864-65, p. 239; cf. Rev. Laws 2155-2189), were governed by common law rules (Darrenberger v. Haupt, 10 Nev. 43; Lake v. Bender, 18 Nev. 382) and in no view ever assumed the character of community property, vesting at death in Margaret's heirs. Error, however, in the decreed share: under Rev. Laws 6116 the surviving husband took one-third and the six children two-thirds, making plaintiff's interest one-ninth, not one-sixth. Judgment modified accordingly and, as modified, affirmed. Rehearing denied (the equitable action was maintainable although the estate was never administered).

In plain language

Nellie G. McCormick, one of the six children of Theodore and Margaret Winters, sued her siblings over the Winters ranch in Washoe Valley. Her mother Margaret died intestate on May 30, 1898 holding record title to ranch lands - 640 acres her husband had deeded to her in 1896 'as her separate property,' plus parcels deeded directly to her back in 1864. In January 1904, at their father's request and without payment, all six children signed a deed conveying their interests in their mother's property to him so he could deal with a pressing debt to the Washoe County Bank; Nellie was told the property 'would come back to her.' Instead, on September 3, 1904, Theodore deeded the ranch to the other children, expressly cutting Nellie out. The deed was recorded only after his death. Nellie sued, and the trial court decreed her the equitable owner of a one-sixth interest; the siblings appealed. The Nevada Supreme Court affirmed the core ruling: the children's 1904 deed made the father a trustee of Nellie's inherited interest, and his later deed cutting her off was a fraud on her rights that equity would not allow. The property was Margaret's separate estate, not community property - the 1896 deed said so expressly, and the 1864 parcels, acquired before Nevada's constitution and community property statutes, were governed by common law rules and never became community property. But the trial court gave Nellie too much: because Margaret died intestate survived by a husband and six children, the husband took one-third and the children shared two-thirds, so Nellie's interest was one-ninth, not one-sixth. The judgment was modified to one-ninth and otherwise affirmed, and a rehearing was denied.