Curdy v. Berton

79 Cal. 420 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that a legatee who accepts a bequest on the strength of a promise—express or implied through silent acquiescence—to execute the testator's oral instructions for the property's distribution becomes a constructive trustee for the intended beneficiaries, and equity will enforce this trust to prevent the legatee from perpetrating a fraud by retaining the property for their own benefit.

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