Hartman v. Burford

SALSMAN, J.

The appellant brought this action seeking specific performance of an oral agreement alleged to have been made between her parents, Austin and Katherine Miller, whereby the parents agreed to leave their respective estates to each other, on the understanding that the survivor would leave his or her estate to their three children in equal shares. Respondents denied the existence of the oral agreement. Appellant demanded a jury trial. The jury found that appellant’s parents had not entered into the alleged oral agreement. The trial judge, considering the verdict of the jury to be advisory only, adopted it as his own, but also found independently that the oral agreement had not been established, and entered judgment for respondents.

Appellant’s principal contentions on appeal relate to her right to jury trial, error in the admission of certain evidence, and in the giving and withholding of jury instructions.

Austin Miller died in 1955 and left his entire estate to appellant’s mother Katherine. Shortly after Austin’s death Katherine executed a will leaving her property to her three children in equal shares. Before her death in 1960, however, Katherine executed her last will, by the terms of which she left one-third of her estate to each of two children, and placed the remaining one-third in trust for the benefit of appellant. Under the terms of the trust appellant is to receive from trust income only such sums as the trustee, in his sole discretion, deems necessary to supplement her other income “. . . to provide for her support and maintenance.” Upon appellant’s death, the remaining trust property is to be distributed to Katherine’s living grandchildren.

The decisive issue on appeal concerns appellant's right to a jury trial. If appellant had a right to have the issues decided by a jury, then errors in the admission of evidence and in instructions to the jury become important, and if present, their prejudicial effect must be considered. On the other hand, if appellant was not entitled to a jury trial, errors in the admission of evidence assume lesser importance, and any misdirection of the advisory jury would be immaterial, We have concluded that appellant did not have a right to a jury trial, and therefore affirm the judgment.

[270]

Appellant’s complaint stated two causes of action. The first sought relief in the nature of specific performance of the oral agreement alleged to have been made between appellant’s parents. The second alleged that the provisions of Katherine’s will were in violation of the oral agreement, and hence constituted fraud upon her as one of the beneficiaries. Appellant, in her prayer for relief, requested that the executor and legatees of Katherine’s will be ordered to hold an undivided one-third interest in Katherine’s estate for the benefit of appellant, and upon distribution that they be ordered to deliver such share to her. It is clear from a reading of the complaint that each of these causes of action is equitable in nature and that the relief sought is the kind of relief traditionally granted only in a court of equity.