Owens v. McNally

Citations

• 113 Cal. 444
• 45 P. 710
• 1896 Cal. LEXIS 809

Syllabus

<p>Wills—Contract for Testamentary Disposition—Specific Performance-Uncertainty—Oppressiveness—Rights of Third Persons.— A man may make a valid agreement binding himself to dispose of his property in. a particular way by last will and testament, and a court of equity will enforce such an agreement specifically by treating the heirs as trustees> and compelling them to convey the property according to the contract, if it be certain in its terms, and not oppressive, and the rights of innocent third parties are not involved; but if the contract be vague and uncertain, or the remedy sought is harsh or oppressive, or unjust to innocent third parties, equity will withhold its assistance.</p> <p>Id.—Parol Contract with Niece—Subsequent Marriage of Uncle— Quantum Meruit.—Where an uncle made a parol contract with his niece to come and live with him, and care for him, and that he would bequeath to her all of the property which he might own at the time of his death, and he married before his death, the wife being ignorant of the contract, which was vague and uncertain as to the,services to be rendered by the niece, such contract cannot be specifically enforced against the widow after the death of her husband; but the niece must resort to an action of quantum meruit.</p>