Khasigian v. Arakelian

GRIFFIN, P. J. Plaintiffs, cross-defendants and respondents Harry Khasigian, Amos Khasigian and Julia Karagozian, brothers and sister, brought this action against defendant, cross-complainant and appellant Arkel Arakelian to establish a constructive trust in certain property of defendant, for an accounting and specific performance requiring defendant to convey to each of plaintiffs a one-fourth interest in certain described real and personal property plus the value of rents and profits therefrom.

Defendant denied generally these allegations of the complaint and by way of cross-complaint asked that defendant’s title thereto be quieted against the plaintiffs. Defendant appealed from a decree in plaintiffs’ favor.

Certain facts are not in dispute. The mother of the parties to this action, Arshaloos Arakelian (formerly Khasigian) died intestate July 27, 1955. She had been married to Movses Arakelian for over 35 years. Defendant Arkel Arakelian, the only child of that marriage, was born November 11, 1921. At the time of the mother’s death, title to her city home (Lots 5 and 6) stood in her name as well as a bank account in the amount of $565.01. Title to the 20-aere ranch property (Lot 38) stood in the name of Mr. and Mrs. Arakelian as joint tenants.

Defendant Arkel Arakelian was appointed administrator of his mother’s estate. During the administration of her estate, her husband Movses died on December 7, 1955. His will was executed in 1952, naming defendant executor of his estate. Defendant was the only living beneficiary thereunder. The mother was named a residuary beneficiary.

The record does indicate, as alleged in the complaint, that [12]some time during the administration of the mother’s estate, then being handled by Attorney Renge, plaintiffs made some claim to their mother’s estate, believing that the real property held in her name as well as the bank account were her separate property and accordingly it would not all pass to their stepfather as community property; that they may have some claim to defendant’s father’s estate since their mother was a residuary beneficiary under his will; that they may have some right to be appointed administrator of the mother’s estate and also that defendant may have frustrated their stepfather in his plan to leave the estate equally to the three sons. A conference of plaintiffs and defendant regarding these respective claims was called in Attorney Renge’s office, from which ultimately culminated what plaintiffs claim was a settlement of all their previous differences. Plaintiffs claim that defendant orally agreed with them that, in consideration of their waiver of any claim to the mother’s estate, right of appointment as administrator and any questions as to the propriety of defendant’s father’s will, defendant would proceed with the administration of the mother’s estate as being community property, have all property distributed to his father’s estate, which would in turn be distributed to him, and he would then divide the proceeds of his father’s estate, which included the joint tenancy ranch property, between plaintiffs and himself, one-fourth to each.