Sears v. Rule

Charles F. Weber died in 1934, leaving all his property to his wife, Sarah E. Weber. Mrs. Weber died in January, 1936. Plaintiffs and cross-defendants (hereinafter called plaintiffs) are the remaining heirs of Charles Weber. They brought this action to impress a trust upon property distributed from the estate of Mrs. Weber to defendant Charles T. Rule, her brother, as sole beneficiary under her will. The complaint alleged that the decree of distribution in the estate of Mrs. Weber had been procured through the extrinsic fraud of Charles Rule, that in fact the decedent died intestate, and that…