Vai v. Bank of America National Trust & Savings Ass'n

I dissent.

I would affirm the judgment, for the findings of the trial court are supported by substantial evidence.

In March 1953 plaintiff and her husband executed a prop*345erty settlement agreement dividing their community property. This agreement was not repudiated until plaintiff brought this action to rescind it shortly after Mr. Vai’s death in 1957. His will provides that the major part of his property be placed in trust for the support of his and plaintiff’s daughter, who is mentally arrested, and also for the support of plaintiff should she be in need and if sufficient assets are available.…