Fisher

—In a previous appeal in the same action {Henderson v. Fisher (1965) 236 Cal.App.2d 468 [ 46 Cal. Rptr. 173 ]) it was determined that a piece of real property which had been owned by defendant administratrix ’ decedent was subject to a constructive trust for “quasi-specific performance” of a contract. Under the contract plaintiffs undertook to care for decedent for the rest of his life in consideration of decedent’s promise to convey his house and furniture to plaintiffs, reserving a life estate. Holding that the contract would have been specifically enforceable during decedent’s lifetime, the Court of Appeal reversed the judgment of the trial court which had allowed money damages on a quantum, meruit theory, and directed the trial court to amend its findings of fact and conclusions of law and decree specific performance of the contract.

In the present appeal defendant administratrix contends that the new judgment which was entered pursuant to the directions of the Court of Appeal errs in failing to provide that the property in question is held by the administratrix in trust for conveyance to plaintiffs subject to costs of administration in decedent’s estate. The administratrix…