Haase v. Cardoza

331 P.2d 419 (1958)

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Nature of the Case

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Facts

On May 17, 1951, the deceased and respondent, as husband and wife, entered into an inter vivos trust on the terms of which the survivor was to receive whatever estate the parties had acquired during their marriage and of which they were then possessed. Sometime later the deceased made a will, leaving P, among other heirs mentioned therein, the sum of $ 2,500 on the apparent assumption that between said date and the date of his death there would be some additional estate acquired over and above that included in the trust agreement. Two years later deceased died and, although his will was filed with the county clerk of Santa Cruz County, there was no estate subject to probate and the $ 2,500 bequest to P lapsed. D, desiring to carry out the wishes of her deceased husband, voluntarily and gratuitously gave D $ 2,500 from her own funds because there was no estate from which the bequest could be paid. P is the deceased's sister. A year and a half after the death of D's husband, P and D talked. D said that her husband had left P $10,000.00 and Loretta Haase $3,000. D then offered P $50.00 a month. D then sent P a check for $50 a month for eight months. These payments ceased when P asked for a note to cover the balance alleged to be due on the $10,000. P sued D. No evidence was produced nor was there any claim made by P that D's alleged statement was supported by any consideration, by any previous promise between the parties, or by any debt or obligation between any of the parties, including the deceased. The court granted D’s motion for nonsuit. P appealed.