Notten v. Mensing

THE COURT.

Plaintiffs appeal from a judgment entered upon the sustaining of a demurrer without leave to amend to their complaint. The action is one to enforce a constructive trust on certain property devised to defendants by the will of Carrie M. Notten, deceased, the plaintiffs being certain of the relatives of the husband of the deceased.

The general theory of the complaint is that plaintiffs were beneficiaries under mutual, reciprocal wills executed by John W. Notten and Carrie M. Notten, husband and wife, pursuant to an oral agreement to the effect that upon the death of either all of their…