Olivas v. Olivas

Citations

• 61 Cal. 382
• 1882 Cal. LEXIS 630

Syllabus

<p>Constructive Trust*—Fraud—Reformation of Deed—Distribution of Estate of Deceased Person—Pretermitido Children—Will—Sufficiency of Evidence to Sustain Finding.—0., by Ms will, demised and bequeathed all his estate to his widow, but did not mention in his will the names of his children. After his death, pending proceedings for the final distribution of his estate, the children executed to the widow a deed of conveyance of all their interest in the estate, and subsequently all of the estate was distributed by the Probate Court to her. In an action by two of the children against the widow, to establish a trust in their favor in certain real property distributed to her, the Court found that the deed was procured by false and fraudulent representations as to its contents, by which they were led to believe that it was a conveyance for the life of the defendant only, and also by promises of the defendant as to certain future advances, which the defendant failed to keep; and rendered judgment for plaintiffs.</p> <p>Held: 1. The findings of the Court are sustained by the testimony of at least two witnesses, and it was the exclusive province of the trial Court to pass upon the credibility of the witnesses.</p> <p>2. The Court did not err in not rendering a decree to reform the deed so as to make it express the intention of the parties. The gravamen of the complaint is fraud practiced by the appellant in obtaining the execution of the instrument, coupled with the additional averment that the defendant has wholly neglected to comply with the terms and conditions upon which the deed was executed. The facts found were sufficient to justify the Court in making the decree complained of, which in effect sets aside and cancels the deed.</p> <p>3. The fact that the fraud complained of was discovered in time for plaintiffs to have availed themselves of it in the Probate Court does not affect their right to relief in a Court of Equity. It may be admitted that they could have successfu