In Re Estate of Alfaro

HATHAWAY, Judge.

This appeal is taken from a probate court judgment decreeing that certain real estate be excluded from the assets of the decedent’s estate and declaring it to be the sole and separate property of appellee, decedent’s spouse. The court, in its order for judgment, expressly found that a constructive trust in favor of appellee existed. The order further stated:

“The Court, . . . while entertaining some misgiving as to whether or not the procedure followed by the Plaintiff-petitioner is appropriate; nevertheless feels that principles of equity and justice and the statutes relied…