Sukiasian v. Shakarian

[799]

FOX, J.

Zaroohi Shakarian, the decedent, and her husband, Isaac, were married in 1912. They accumulated a substantial estate. Mrs. Shakarian became ill in 1946 and died intestate in November, 1947. There are five married children: a son, Demos, and four daughters, Ruth, Grace, Roxanne, and Florence. On several occasions during her illness Mrs. Shakarian stated that she wanted her children to have her share of the property that she and Isaac owned. It is asserted that these expressions on the part of Mrs. Shakarian were sufficient to create a trust in her property in favor of her children and that Isaac held it as a constructive trust for them and their respective spouses, who were claimed to be within the orbit of her intended bounty. Herein lies the foundation of this litigation.

In May, 1947, Florence married plaintiff, Albert, between whom a divorce action was pending at the time of this trial. Albert contends that upon his marriage to Florence it was orally agreed that all property acquired by either of them would be their common property.

The court found no trust was created which encompassed the spouses of decedent’s children, and there was no agreement between plaintiff and Florence that all property acquired by either of them would be their common property. The ultimate question is: Does the evidence sustain these findings ?

While it is apparent that decedent had a great appreciation for and was fond of the spouses of her children, it is clear that her own children came first. Ruth testified that when she married, her father and mother gave her a home which was placed in her own name and that no interest therein was given to her husband; that her mother told her that any property she received should be kept in her own name so that she and her children would always be cared for. Florence testified that her mother repeatedly told her that if anything ever came to her from the family, “I want you to keep it in your own name. That way I will know that you will always be taken care of.” Isaac testified that Zaroohi discussed with him her wishes with respect to the disposition of her property on only two occasions, both during her last illness. At their home, on one of these occasions, she said to Grace and her husband, “Well, I’m going to leave it to Papa.” Later, at the hospital, she said to Isaac, “I know that you have been a good father and you will take care of your children.” In an earlier action Grace had verified a complaint in which she stated that her