Trout v. Ogilvie

This is a suit in equity to compel specific performance of a contract to make a certain testamentary disposition of property. From a judgment in favor of defendants, plaintiff appeals.

The action is of a type illustrated by a line of decisions in this state beginning with Owens v. McNally, 113 Cal. 444, [33 L. R. A. 369, 45 Pac. 710]. [1] Though specific performance, in the literal sense of the term, cannot be given in this class of actions, nevertheless a court of equity, where the facts justify, may grant relief substantially the same as specific performance by treating the heirs as trustees…