Peterson v. Woods

This is an appeal from a trial court decree denying plaintiffs a constructive trust on the proceeds from the sale of the marital house of decedent, Raythal Woods, and his deceased second wife, Dolly Woods, mother of plaintiffs Judy Peterson and Patricia Brown. Plaintiffs Donna Morris and Darlee Rex are Raythal’s daughters by his first marriage. Raythal subsequently married defendant and remained married until his death.

On February 12, 1964, Raythal and Dolly executed a mutual will which provided that the property of either would, upon his or her death, go to the survivor. The property was to…