Estate Of Sheldon

142 Cal. Rptr. 119 (1977)

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Nature of the Case

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Facts

In January 1974 the decedent, 80-year-old Florence (W), married 78-year-old Al (H). On September 14, 1974, W died testate, she having drawn a valid holographic will on April 19, 1972, which, aside from some conditional specific gifts to her grandchildren, left her estate in equal shares to her two children by a prior marriage. They are Helen (D) and P. No provision was made in the premarriage will for W's surviving husband, Al, nor was he mentioned in the will. On September 19, 1974, and January 3, 1975, H assigned his interest in W's estate to D. P filed a petition to determine heirship and D filed a statement of claim of interest in the estate based upon the assignments from H. The ultimate issue is whether H has a claim to one-third of the estate. P contends that there was an antenuptial oral contract between H and W by the terms of neither would share in the other's estate; that the oral contract qualifies under Probate Code section 70 as a marriage contract under which provision is made for H, thus preventing the revocation of the will as to him. The jury found that H had no right to inherit any of W's property and that there was an oral antenuptial agreement whereby H agreed not to accept any inheritance from her estate. The finding of the oral contract was based upon the testimony of witnesses as to statements made by H an W. H denied such an agreement at trial. The court found and concluded that, though oral, the contract was legally binding and enforceable because it was an executed and fully performed oral agreement and that W and H were estopped to insist that the contract be in writing because W changed her position to her detriment in reliance upon the oral contract. D has cross-appealed from the judgment.