California Supreme Court, 1874

De Laurencel v. De Boom

De Laurencel v. De Boom
California Supreme Court · Decided July 1, 1874
48 Cal. 581; 1874 Cal. LEXIS 206
De Laurencel v. De Boom

Cases that cite this one

11 later published cases cite this decision.

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Opinion of the Court

By the Court:

The letter from the testator, Jean Corneille De Boom,, dated on the same day on which the will was executed, and directed to the defendant, Romain De Boom, the sole devisee under the will, explains the trust upon which the testator intended to devise the estate; and we are of opinion that when the defendant, during the life-time of the testator, accepted, in writing, the terms of the trust, and bound himself to execute it faithfully, this created a valid trust, which a Court of equity will enforce. The presumption is, that the testator would have revoked or modified the will, except for the fact that the defendant, by a solemn instrument, ac*586cepted the trust, and promised to execute it. It would be a fraud upon the testator and upon cestui que trusts to permit the defendant to repudiate the trust, on the faith of which the estate was devised to him.

Order refusing .to dissolve the injunction-affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.