Crail v. Blakely

8 Cal. 3d 744 ·

Supreme Court of California · Filed January 29, 1973

Published · citable Cited by 3

Holding

The court held that an oral agreement between spouses to execute and not revoke mutual wills is enforceable against the survivor’s estate when the agreement is proven by clear and convincing evidence and when the application of the statute of frauds would result in an unconscionable injury or unjust enrichment.

Statutes construed

CCP § 1973
CCP § 2016
CIV § 1624
CIV § 3390
CIV § 3391
CIV § 3392
EVID § 1230
EVID § 1251
EVID § 1500

Cited by (3)

BRENT BECKWITH, Plaintiff and Appellant, v. SUSAN DAHL, Defendant and Respondent (2012) 205 Cal. App. 4th 1039
KAREN JURAN, Plaintiff and Appellant, v. DAVID EPSTEIN, Defendant and Respondent (1994) 23 Cal. App. 4th 882
Estate of JOHN HOUSLEY, Deceased. BRIAN HOUSLEY, Petitioner and Appellant, v. BARBARA HAYWOOD, as Executor and Trustee, etc., Objector and Respondent (1997) 56 Cal. App. 4th 342