Christin v. Clark

[715]

ZOOK, Acting P. J.,

pro

tem.

This is an appeal from a judgment for defendants on demurrer to a complaint for specific performance of a contract to leave property by will, which contract is alleged to have been made in 1906 between plaintiff, Estelle P. Christin, then Estelle Porter, and one Estelle Caswell, whose executor and legatees are the defendants in the case.

The facts of the case are as follows: When the contract was made, Estelle Porter, then eighteen years old, was living with her family in San Fernando, California; her family relations were affectionate, and her social circle pleasant and agreeable; she had finished her high school course and was about to enter Stanford University; Mrs. Caswell invited her to spend

six months

with her in Paris, and promised plaintiff and her mother that in the event plaintiff accepted the offer, she, Mrs. Caswell, would leave to her by will “all of her jewelry, personal effects, and a large part of her personal property,”or “all of her jewelry and personal effects.” (The promise is stated in the complaint in both ways.) Plaintiff accepted the offer, and spent “large sums,” not stated in the complaint, in traveling to and from France and on trips with Mrs. Caswell in Europe; while with Mrs. Caswell, plaintiff rendered services to her as a traveling companion and “personal services,” the nature of which does not appear. Plaintiff returned home at the end of the six months. Mrs. Caswell died in 1914, leaving a will which omitted to make any provision whatsoever for plaintiff. Her estate consisted of a number of items of jewelry and furniture and railroad and industrial stocks of a total value of upward of one hundred thousand dollars. The prayer of the complaint asks that the whole estate be decreed to be held in trust for plaintiff.

The complaint wholly fails to state a ease for equitable relief. While equity will in a proper case enforce a contract to leave property by will, it will only do so when the contract is fair, its terms definite and certain, the consideration substantial, and the plaintiff without an adequate remedy at law. Conceding the promise to be certain in the case at bar, the consideration therefor is hopelessly inadequate. In every California ease where such a contract has been enforced, there was a complete change in the course of the plaintiff’s life resulting from his performance of the con