Ludwicki

Plaintiff, Marjorie Ludwicki, the daughter of decedent Paul Guerin and his wife, Alma, brought this action on September 4, 1959, against Bruce Guerin individually, as executor of Paul’s estate, and as administrator of the estates of Paul’s brother and mother, asking that the court (1) impress a trust upon one-half of the property in Paul’s estate on the basis of a contract executed by Paul and Alma in which they agreed to make wills leaving one-half of their property to plaintiff, (2) direct Bruce, as executor, to deliver to plaintiff one-half of the property in Paul’s estate remaining after administration, (3) enjoin Bruce, as executor, from making any other disposition of such property, and (4) make a declaration of plaintiff’s rights with respect to the agreement. Defendant Bruce is the adopted son of Paul and Alma.

The court held that the action was barred by the provisions of section 337, subdivision 1, and section 338, subdivision 4, of the Code of Civil Procedure. 1 Judgment was entered for defendant, and plaintiff has appealed.

*130 The contract between Paul and Alma was executed in December 1922, and, after declaring that the parties desired a complete division and…