Estate of SAMUEL D. CATES, Deceased. SANDRA A. CATES, Petitioner and Respondent, v. DOROTHY L. NELSON et al., Objectors and Appellants; DOROTHY L. NELSON et al., Plaintiffs, Cross-complainants and Appellants, v. SANDRA A. CATES et al., Defendants, Cross-defendants and Respondents; EDGAR S. KEATS et al., Defendants, Cross-complainants and Appellants
16 Cal. App. 3d 1 ·
California Court of Appeal · Filed
Published · citable
Holding
The court held that the trial court erred in refusing to enforce a valid and binding agreement to make reciprocal wills, as the agreement was supported by adequate consideration, the surviving spouse had knowledge of its existence prior to marriage, and the doctrine of collateral estoppel arising from a final Illinois judgment on the same issues required enforcement of the agreement in California.
Statutes construed
- CCP § 1973
- CIV § 1624
- PROB § 680