“One month before his death, Charles Kruse was leaving for the county hospital, which he never expected to return.” Kruse gave G.W. Brusseau a package with a few intimate belongings, the key to his house, and the note.
Oakland, March 15 (?)
“This is my gift of Deed all is in my possession to Mr. G.W. Brusseau after my daet”
“Chas. Kruse”
Only Man He Trusted
According to Brusseau’s attorney, Kruse only had one trusted friend. Kruse helped care for the hermit for 13 years. He never had the money to pay Brusseau for his labor but intended to see that he ultimately received his property.
Brusseau saved the 10-acre plot from being sold for taxes and paid off the mortgage. It was claimed.
In March of 1923, Kruse applied for admission to the county infirmary on the grounds he was penniless. He had cancer.
Following Kruse’s death at the county hospital, preparations were being made to bury him in the potter’s field. Brusseau stepped in and said he would pay for his funeral.
Brusseau purchased a plot in Mountain View cemetery that bordered his property.
He could see the grave from his porch.
Fight for Estate
Judge George Samuels was informed of the case when Brusseau filed a petition for probate of the paper as the last will, Kruse.
Because the completed date was omitted, Judge Samuels refused probate and granted administration letters to Albert E. Hill, a Public Administrator.
Thrown Out As A Will Upheld As Deed
In June 1923, a petition was submitted to the Almeda superior to record the scrap of paper as a gift deed. In this claim, Judge James G. Quinn decided that Kruse never intended the piece of paper as a will but intended to constitute an immediate conveyance of land as a deed.
In the meantime, Brusseau had lost a third suit filed against the estate for reimbursement for his unpaid labor.
The public administrator appealed to the California Supreme Court for a decision on the title to the property.
Dying Hermit’s Note Valid
In May 1927, the Supreme Court affirmed Judge JG Quinn’s decision that the note given to Brusseau from Kruse constituted a deed to the 10 acres of land.
A Bit of History
Hays Canyon
Charles Kruse owned and lived on 10 acres of land in Hayes Canyon since 1888.
The property bordered William J. Dingee’s land, and in 1888, Dingee sued Kruse for $93 to cover the cost of a fence.
Kruse peddled flowers to florists’ shops in the Eastbay for many years.
After his death, it was discovered that he owned one of the largest nurseries in Alameda County. The nursery and the tiny shack where he lived were hidden behind a high fence and tall cypress hedges.
The 10 acres were valued at more than $10,000 in 1923.
In 1898, George Washington Brusseau purchased a 2-acre lot at 3200 Edith Street (now 4901 Harbord Drive).
In 1926, Brusseau lived in a cottage called the “Bat House” because of the number of animal skins tanned and nailed to the outside walls.
He farmed the land with the help of Jimmy, his faithful plow horse. He also had many dogs.
He intended to restore the rose gardens, which brought fame to his friend Charles Kruse and Oakland.
Brusseau lived there until he died in 1953
And now this…
This changes the whole story, or is it just wrong?
Please Note: The dates and addresses vary from article to article. I tried my best to get it right, but oh well.
More Info:
- Dingee’s Fence –Oakland Tribune Feb 28, 1888
- Sheriff’s Sale –Oakland Tribune Feb 11, 1892
- Summons for Suit – Oakland Tribune Aug 08, 1894
- Pauper Found Worth $10 100 – Oakland Tribune Apr 10, 1923
- Updated Will Causes Tangle – Oakland Tribune June 23, 1923
- Lack of Year in Will Date – Oakland Tribune Feb 28, 1926
- Fight For Rich Recluses Estate – Oakland Tribune Mar 11, 1926
- Court Ruling Makes Life More Rosier – Oakland Tribune Mar 20, 1926
- The date on Will May Cost Man His Land – Oakland Tribune Feb 28. 1928
- When We Get Our $50,000 – Oakland Tribune May 12, 1926
