Marklund

This appeal originated in an action brought by the plaintiffs-appellants against the defendants-respondents seeking to obtain a prohibitory injunction and to impose a constructive trust upon real and personal property and to enforce a provision of a property settlement agreement between their parents. Plaintiffs appeal from an adverse judgment.

Plaintiffs are the adult daughter and adult son of a John A. Marklund, now deceased, and Solería Renee Marklund. Solería was alive at the time of trial. The defendant Annie Marklund is the second wife of John. The defendant Thomas W. Chidlaw is a court-appointed referee in a partition action brought by John against Solería during the former’s life, and still holds or controls funds which are affected by this action. He is a mere stakeholder as to this action.

On June 23, 1958, John and Solería executed a property settlement agreement in connection with a divorce proceeding. The paragraph giving rise to the controversy here involved provides: “That both parties desire that all of the property of which they die possessed go equally to their two children, Charles A. Marklund of Madera and Hilma Mitchell of Fresno, California or if either…