These wills did not, however, mention the alleged oral agreement which, in legal effect, would have rendered these wills irrevocable. The evidence disclosing the existence of the oral contract is sparse but is substantial enough to constitute support for the trial court's findings.įirst of all, it is uncontradicted that the Crails executed mutual and reciprocal wills, both dated April 18, 1953, whereunder each spouse left his estate to the surviving spouse or, in the event neither spouse survived, to their children. Crail orally agreed that the first spouse who died would leave his or her estate to the other spouse, on the condition that the survivor would leave their combined estate to their children in equal shares. Plaintiff alleged, and the trial court found, that on or before April 18, 1953, Mr. We have concluded that the trial court's findings are supported by substantial evidence, and that the judgment should be affirmed. Crail's estate shall hold all estate property in trust for plaintiffs. The judgment provided that the special administrator of Mr. Crail breached it, that such breach was inequitable, and that his estate and those claiming through him are estopped from relying upon the statute of frauds as a bar to the enforcement of the agreement. The trial court found that the alleged oral agreement did exist, that Mr. Crail, the survivor, in fact left the bulk of this property to defendants, fn. Plaintiffs, the children of Joe Crail, Sr., and Lucile Sprague Crail, both deceased, brought suit to enforce an oral agreement between their parents whereby the surviving parent would devise and bequeath all of their combined property (which was entirely community property) to plaintiffs. No appearance for Defendant and Respondent. Scully, Jr., for Defendants and Appellants.Īlbert J. Younger, Attorney General, Carl Boronkay and Toni Rae Bruno, Deputy Attorneys General, Hill, Farrer & Burrill and William S. J., McComb, Tobriner, Mosk and Sullivan, JJ., concurring.)Įvelle J. KRISTOVICH, as Special Administrator, etc., Defendant and Respondent BLAKELY et al., Defendants and Appellants BALDO M. JOE CRAIL, JR., et al., Plaintiffs and Respondents, v.
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