Machado v. Machado

COAKLEY, J. pro tem.* Plaintiffs-respondents are son and daughter-in-law of Anthony J. Machado, deceased. The defendant-appellant is also a son of the decedent, and the executor and sole devisee of his father’s estate under a will dated January 25, 1957.

For purposes of brevity the decedent will be referred to herein as A. J.; the plaintiff, Anthony R. Machado, as Tony; the plaintiff, Viola Machado, as Viola; and the defendant as Alfred.

Nature of the Case

The complaint alleges: (1) that on August 19, 1949, plaintiffs and A. J. executed a written agreement by the terms of which A. J. agreed to devise his one-half interest in a 40-acre ranch to plaintiffs if they would move onto the ranch, operate and maintain it, and care for and maintain A. J. during his lifetime • that on the same day A. J. made a will devising his interest in the ranch to plaintiffs, and thereupon delivered a copy of the will to plaintiffs; (2) that plaintiffs performed their obligations under the agreement; and (3) that A. J. breached the agreement by later executing a will leaving his interest in the property to defendant, Alfred. Plaintiffs seek specific performance of the agreement of August 19, 1949, and a declaration that Alfred holds the property in trust for plaintiffs’ benefit.

Defendant’s position as set out in his answer, and supplemented by the pretrial order, is that (a) the agreement was prepared by an attorney selected by plaintiffs, that A. J. did not understand what he was signing, and his signature was therefore procured by fraud; (b) the consideration flowing from plaintiffs to A. J. was inadequate in relation to the value of A. J.’s interest to be devised to plaintiffs; (c) plaintiffs failed to perform their obligation; (d) mutual rescission; and (e) repudiation and abandonment by plaintiffs.

Findings, Conclusions and Judgment

The findings of fact and conclusions of law on all material issues were in favor of plaintiffs and against the defendant.

Judgment was entered directing defendant to transfer all of the estate’s interest in the property to plaintiffs, together with the rents and profits therefrom since the date of A. J.’s death, upon payment by plaintiffs to Alfred of certain sums, approximately $1,450, to reimburse Alfred and the estate for [145]sums advanced in connection with expenses of the last illness of A. J. We affirm the judgment, with a minor modification noted below.