Estate of JOHN HOUSLEY, Deceased. BRIAN HOUSLEY, Petitioner and Appellant, v. BARBARA HAYWOOD, as Executor and Trustee, etc., Objector and Respondent

56 Cal. App. 4th 342 · D025287

California Court of Appeal, Fourth Appellate District · Filed June 26, 1997

Holding

The court held that a triable issue of material fact existed as to whether equitable estoppel precluded the executor from asserting the statute of frauds as a defense to an alleged oral contract to make a will, thereby precluding summary judgment.

Statutes construed

CCP § 437c
CIV § 1624
EVID § 411
PROB § 150

Cited by (1)

CRAIG BATTUELLO, Plaintiff and Appellant, v. ELLEN BATTUELLO, Individually and as Trustee, etc., et al., Defendants and Respondents (1998) 64 Cal. App. 4th 842

Authorities cited (5)

Crail v. Blakely 8 Cal.3d 744
Notten v. Mensing 3 Cal.2d 469
Monarco v. Lo Greco 35 Cal.2d 621
Horstmann v. Sheldon 202 Cal.App.2d 184
KAREN JURAN, Plaintiff and Appellant, v. DAVID EPSTEIN, Defendant and Respondent 23 Cal.App.4th 882