Halldin v. Usher

SHENK J.

This is an appeal by the plaintiff T. A. Halldin from a judgment for the defendants in an action for declaratory relief. In Count I the plaintiff sought a declaration that a certain document is a valid contract imposing a trust on two parcels of realty and on the proceeds from the sale of another parcel in favor of himself and others. No appeal was taken as to that portion of the judgment which denied other relief sought by the plaintiff in a second count and awarding damages to certain of the defendants on a cross-complaint.

The plaintiff and the defendants Raymond Halldin, Dexter Halldin and Ruth Halldin are the children of the defendant May L. Erickson and the deceased K. Henry Halldin. In 1945 when Mrs. Erickson was 71 years of age, she and K. Henry Halldin, then husband and wife, executed an instrument which provided as follows:

“July 5,1945

“K. Henry Halldin and wife May L. Halldin herewith agree that in case of the death the one that survives shall have whole control of our property.

“We also state that when both of us are gone. The property 1041, 1043-1043½ at Magnolia Ave., Los Angeles shall in equal parts go to our children. But property 1236 Ritos Vitas Ave. Los Angeles and the lot in San Clemente go to our son T. A. Halldin as his special share besides his share in the Magnolia Ave. property.

K. Henry Halldin

May L. Halldin

Subscribed and sworn to before me this 5th day of July 1945

Harry Christensen

Notary Public in and for the County of Los Angeles. ...”

The document is in the handwriting of Mr. Halldin except for the signature “May L. Halldin” and the notary’s jurat.

In 1947 Mr. Halldin died, leaving as survivors the above mentioned children and his wife. Thereafter the widow remarried and became May L. Erickson. In 1955 she sold the Magnolia Avenue property to the defendants Usher and the plaintiff thereupon brought this suit, claiming that the instru

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