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Cabral v. Soares 157 Cal.App.4th 1234 filed 12/13/07
Claim that defendants, plaintiff’s ex-husband and his sister, wrongfully induced
their mother to change her will to leave to the sister the one-third of mother’s
estate that she had previously designated to go to the ex-husband, with the
understanding that the sister would subsequently "get that money to" him so as
to enable him to avoid support obligations to plaintiff failed to state a cause
of action because it was essentially a will contest and was not brought in the
probate action. Putative agreement between plaintiff’s ex-sister-in-law and her
mother, whereby mother would amend her will to leave the ex-sister-in-law the
one-third beneficial interest then designated for her brother in return for
which the ex-sister-in-law would hold the property for her brother and "later
get that money" to him so that he could avoid his obligations to plaintiff,
created a constructive trust in favor of the brother that plaintiff, as his
creditor, would be entitled to enforce, so it was error for trial court to deny
leave for plaintiff to amend her complaint to allege such a constructive trust.
Brown v. Labow 157 Cal.App.4th 795 filed 12/ 5/07
Liquidation and dissolution of corporation did not cause an ademption of the
specific gifts of its stock contained in a living trust whose trustor was
adjudged incompetent subsequent to amending the trust to provide for the gifts
where trustor did not recover competency prior to his death and there was no
substantial evidence he intended an ademption to occur. Statutory offer of
compromise may be orally revoked.
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