Sparks v. Lauritzen

Appellants Alex and Mary Sparks brought this action to impose a constructive trust upon all of the assets in the estate of James Morrow, deceased. It was the theory of appellants’ case that the decedent, during his life time, agreed orally with appellants to devise and bequeath his entire estate to them in return for their promise to make him a member of their family and to permit him to reside with them. The trial court denied all relief and plaintiffs appeal.

Appellants met the decedent, who was then a seaman, in 1949 when he came to their house with his sister Marie to buy a dog. Decedent…