Cardozo v. BANK OF AMERICA, NAT'L TRUST AND SAV. ASS'N

Plaintiff appeals from a judgment in favor of defendant in a fraud action to establish a trust in assets of the estate.

Question Presented

Does the evidence support the court’s finding of no extrinsic fraud I

Facts

Taking the evidence and the reasonable inferences therefrom most strongly in favor of defendant, as we are required to do, the facts are as follows:

Mary Cardozo’s husband, Jorge, died January 29, 1938, a resident of San Mateo County. He left a will naming Mary as executrix and giving her a life estate in all his property, with full power, however, to sell, convey, or expend, and with…