Halper

Plaintiffs Charles and Leo Halper (referred to individually by name or collectively as plaintiffs), the natural children of Charles Halper, Sr., deceased, brought suit to enforce an oral agreement between Charles, Sr., and Irene Halper (plaintiffs’ stepmother). The alleged agreement provided the surviving spouse would devise and bequeath all of their combined property to plaintiffs, plaintiffs’ sister Virginia, and defendant, the natural son of Irene. Charles, Sr., died in 1970, and pursuant to the terms of a will he executed in 1958, his entire estate passed to Irene. Irene died in 1980, but a will she executed in October 1974 left her entire estate to defendant. The trial court found the alleged oral agreement did exist, that Irene breached the agreement and that the breach was inequitable. Judgment awarded plaintiffs $36,000 to be divided equally between them, and also provided that defendant held in constructive trust for plaintiffs an undivided one-half interest in three parcels of realty located in Arizona. Defendant appeals. We affirm.

Charles, Sr., and Irene married in April 1943. At the time of the marriage only Charles, Sr., had any estate of value. Charles,…