Defendant beneficiaries appealed a judgment of the Superior Court of Los Angeles County (California), which rendered judgment for plaintiff children of deceased parents in their action to enforce an oral agreement between their parents whereby the surviving parent would devise and bequeath all of their combined property, which was entirely community property, to plaintiffs.

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Overview

Surviving parent left the bulk of his property to defendant beneficiaries, and plaintiff children of deceased parents brought action to enforce an oral agreement between their parents whereby the surviving parent would devise and bequeath all of their combined property, which was entirely community property, to plaintiffs. The trial court found in favor of plaintiffs, and defendants appealed. The court held that evidence that decedents executed mutual and reciprocal wills and testimony of witnesses was sufficient to support finding that decedents made the oral agreement. The court held that testimony that mother feared that father would breach the agreement and might prevail upon her to rescind, coupled with the fact of the mother’s suicide, disclosed a serious change of position in reliance on the contract sufficient to invoke the doctrine of estoppel to prevent defendants’ reliance upon the statute of frauds. The court affirmed the judgment.

Outcome

The court affirmed the judgment, holding that there was an oral agreement between mother and father that survivor would leave combined estate to plaintiff children, and that defendant beneficiaries of surviving father’s will were estopped from relying upon the statute of frauds as a bar to the enforcement of the agreement.