Lane v. Whitaker

McWILLIAMS, J. pro tem.

This is an appeal by the plaintiff, who sues as administratrix of the estate of her deceased husband, -from a judgment in favor of the defendant. The action was tried on the fourth amended complaint of plaintiff. The complaint alleges three causes of action. The first cause of action is based upon the theory that plaintiff’s husband was- a beneficiary under an oral trust by the terms of which plaintiff, as his administratrix, claims to be entitled

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to certain personal property in the possession of defendant. The property in controversy, according to the complaint, was acquired by the defendant without consideration and with knowledge of the existence of the trust. Plaintiff alleges that the exact amount of the property so held by defendant is peculiarly within the knowledge of the defendant but that according to plaintiff’s information it had a reasonable value when so acquired by defendant of approximately $125,000. The second cause of action is likewise based upon the existence of the same alleged trust. In view of the nature of plaintiff’s contentions its allegations need not be further set out. The third cause of action was held by the trial court not to state facts sufficient to constitute a cause of action and defendant’s objection to the introduction of evidence under that count was sustained on that ground. Appellant does not question the correctness of the court’s ruling on that cause of action. The prayer of the complaint is in brief that the defendant be required to account for all of the trust estate alleged to have been received by her and that the trust be carried into effect.

In somewhat greater detail the facts pleaded in plaintiff’s first cause of action may be stated as follows. In the year 1900 Chester M. Lane was divorced from Ellen Dora Lane in the State of Illinois. In 1913 Mrs. Lane came to California where she continued to reside until her death in 1938. In 1915 Mr. Lane came to California where he resided until his death in 1934. Plaintiff alleges that in 1927 Chester M. Lane transferred all of his personal property to his divorced wife under an oral trust. The precise terms of the trust need not be set forth. It is sufficient to state that it provided that on a certain contingency the estate of his son, Harry C. Lane, would on the death of the son become entitled to one-half of the trust fund. The complaint alleges that the son, Harry C. Lane, died on July 19, 1937, leaving surviving him his wife, the plaintiff herein, and a daughter, Helen Hambright. The plaintiff, as the administratrix of the estate of her late husband, contends that she is entitled to maintain this action and to enforce the alleged trust.