MONARCO V. LO GRECO 35 Cal. 2d 621, 220 P.2d 737 (1950) CASE BRIEF

MONARCO V. LO GRECO

35 Cal. 2d 621, 220 P.2d 737 (1950)

NATURE OF THE CASE: Monarco (P) challenged a judgment which ruled against P on his action seeking partition and accounting of a joint tenancy, and ruled in favor of Lo Greco's (D) cross-complaint seeking a declaration of D as a constructive trustee.

FACTS: In 1926, Carmela and Natale Castiglia orally promised Christie Lo Greco (D) that if he would abandon his plans to leave home and work on their farm instead, they would leave him the farm when they died. D worked for room and board for twenty years, and the value of the farm rose from $4,000 to $100,000. In 1941 both Carmela and Natale executed wills leaving all their property to Christie with exception of small devised to Rosie and John and $500 to Monarco (P). Natale secretly changed his will to leave his interest in the farm to his grandson, P. Without informing D or Carmela he arranged the necessary conveyances to terminate the joint tenancies and executed a will leaving all of his property to P. The will was probated and the court distributed the property to P. P brought an action for partition and an accounting. By cross-complaint Carmela asked that P be declared a constructive trustee of the property he received as a result of Natale's breach of his agreement to keep the property in joint tenancy. On the basis of the foregoing facts, the trial court gave judgment for Ds and cross-complainant, and P has appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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