Defendant legatee and his wife appealed from a judgment of the Superior Court of Alameda County (California), which impressed a trust upon the home property for the lifetime of plaintiff daughter and also allowed her the life use of certain personal property. Plaintiff filed the action to establish a trust in real and personal property held in a decedent’s estate, based on an oral agreement between plaintiff and decedent, plaintiff’s mother. The corporate litigation attorneys should have expertise in working with real world legal problems that businesses face.
Overview
The trial court found the existence of the contract as alleged by plaintiff, and that plaintiff had fully performed her part of the bargain but that the decedent had not performed her part of the agreement. The judgment impressed a trust upon the home property for the lifetime of plaintiff and also allowed her the life use of certain personal property. On appeal, the court agreed. The court found that the record was replete with evidence to support the making of the agreement between plaintiff and her mother and the full performance of the contract by plaintiff. The court held that because plaintiff’s suit was in equity no claim against the estate of the decedent need be filed. The court found that the statute of frauds did not bar the enforcement of plaintiff’s contract. The court concluded that the allegations of plaintiff’s complaint and the evidence received by the trial court were sufficient to estop defendants from asserting the bar of the statute to defeat plaintiff’s contract.
Outcome
The court affirmed the judgment impressing a trust upon the home property for the lifetime of plaintiff.