Walker v. Calloway

VALLÉE, J.

Appeal by plaintiff from a judgment dismissing the action after the sustaining of a demurrer to her amended complaint without leave to amend. The action is for specific performance of an oral agreement to will decedent’s entire estate to plaintiff in consideration of services rendered decedent, and to establish a trust therein. Defendant, executor of the estate of Joe Wilmond, deceased, is sued individually and in his representative capacity. No claim was filed in the estate.

Decedent died testate January 6, 1948, leaving an estate of over $40,000 in the county of Los’ Angeles. His…