Osborn v. Hoyt

181 Cal. 336 ·

Supreme Court of California · Filed October 7, 1919

Published · citable Cited by 2

Holding

The court held that a written agreement by a landowner to make a will devising specific property to the plaintiffs in exchange for their substantial improvements to his land and care for his well-being was an enforceable contract, and that a subsequent deed of that same property to his daughters, executed with knowledge of the prior agreement and without consideration, constituted a fraud for which a constructive trust could be imposed.

Statutes construed

CIV § 1647

Cited by (2)

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
MARJORIE LUDWICKI, Plaintiff and Appellant v. BRUCE GUERIN, Individually and as Executor, etc., Defendant and Respondent (1961) 57 Cal. 2d 127