Luders

Luders v. Security Trust & Savings Bank

Good Law
121 Cal. App. 408·1932 Cal. App. LEXIS 1136·9 P.2d 271
Court of Appeal of CaliforniaMarch 4, 1932Docket No. 721.California2,399 words

Opinion

Lead Opinion

Marks, J.

Appellant instituted her action in the court below seeking to enforce an alleged trust in all of the property of the estate of Marie Lagier, deceased, of which estate the Security Trust & Savings Bank is executor. The respondents, Sarilda Peebles, Louise Bailie, Desire Guillemer and Emmanuel Guillemer were the legatees under a will of Marie Lagier which was admitted to probate.

Appellant and Marie Lagier, both of whom were widows, met in April, 1922, and their acquaintance ripened into a friendship. Appellant with her partner operated a small restaurant in the city of Los Angeles where deceased was accustomed to take her meals. In July, 1922, she requested appellant to sell her restaurant, live with her, enter her employ, undertaking the duties of managing decedent’s apartment house, taking care of it, "doing the manual labor of operating it, renting the apartments and collecting the rents and acting as the personal companion, attendant, nurse, servant, and chauffeur of deceased, in consideration for which, according to the testimony of appellant, deceased promised that “When I die, what I have is yours for your services. I won’t pay anybody.” Appellant accepted the terms of the…

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