Van Houten v. Whitaker

Plaintiffs’ action was one to impose a trust upon one-half of the distributable property in the estate of Clara Haydock, deceased. Prom a judgment declaring such a trust, defendants have appealed. A cross-appeal is prosecuted by all plaintiffs from part of the judgment denying additional relief and by certain of the plaintiffs from such portion of the judgment as decreed that they take nothing under decedent’s will.

The facts may be summarized as follows: Clara and her husband, Leon, had been married for 50 years or thereabouts. Except for a small ranch separately owned by Leon, all their…