McCabe v. Healy
138 Cal. 81 ·
Supreme Court of California · Filed
Published · citable
Cited by 4
Holding
The court held that an oral contract to make a will, where the promisee has fully performed by providing years of service and companionship in reliance upon the promise, may be specifically enforced in equity by imposing a constructive trust upon the decedent's estate to prevent fraud, provided no gross injustice would result to innocent third parties.
Cited by (4)
- Estate of WELBORN ADDISON CORNITIUS, Deceased. NELDA REID CORNITIUS, Appellant, v. WILLIAM C. CORNITIUS, Respondent (1957) 154 Cal. App. 2d 422
- Estate of KATHERINE G. MILLER, Deceased. BURKE E. BURFORD, as Executor, etc., Petitioner and Respondent; SALLY MILLER FIELD et al., Distributees and Respondents, v. MIRIAM MILLER HARTMAN, Objector and Appellant (1963) 212 Cal. App. 2d 284
- Estate of ELNORA BRENZIKOFER, Deceased. JOHN WRIGHT et al., Petitioners and Appellants, v. KARL SCHWARZ, as Administrator, etc., Objector and Respondent (1996) 49 Cal. App. 4th 1461
- MARJORIE LUDWICKI, Plaintiff and Appellant v. BRUCE GUERIN, Individually and as Executor, etc., Defendant and Respondent (1961) 57 Cal. 2d 127