Chapman

Respondents, who were plaintiffs in this action in the trial court, are the heirs at law of William Robert Chapman, deceased. William’s widow, Nora, was joined during the proceedings for reasons not here material. The other respondents, and who were the original plaintiffs, are his three children, John Thurston Chapman, Ethel May Ramey, and Robert William Chapman. Appellant is the widow and the administratrix of the estate of John Chapman, who was the father by a former marriage of William. This appellant and her deceased husband, John, by impressing a action was brought to enforce an inter vivos contract between constructive trust upon certain real property inventoried by appellant in the estate of John, who had died intestate. Appellant admitted the execution of the contract, but contended herein that it had been rescinded. She also asserted that respondents were estopped to enforce it by reason of William’s acts and conduct during his lifetime. The decree of the trial court was adverse to appellant and she appeals.

The real property which is the subject of this action was the separate property of John. In 1941, appellant, Minnie Chapman, filed against John a suit for separate…