Monsen v. Monsen

The defendants, claiming as executors and beneficiaries under the will of Friedriech Monsen, deceased, appeal from a judgment enforcing an alleged contract by which the decedent had agreed that the plaintiff should receive and inherit a child’s share of the property which said decedent might leave.

The action is of a type familiar in this court, and illustrated by a line of decisions beginning with Owens v. McNally, 113 Cal. 444, [33 L. R. A. 369, 45 Pac. 710]. As was said in that case, there has been “from a very early date a general concurrence among the authorities upon the proposition that…