Khasigian

Plaintiffs, cross-defendants and respondents Harry Khasigian, Amos Khasigian and Julia Karagozian, brothers and sister, brought this action against defendant, cross-complainant and appellant Arkel Arakelian to establish a constructive trust in certain property of defendant, for an accounting and specific performance requiring defendant to convey to each of plaintiffs a one-fourth interest in certain described real and personal property plus the value of rents and profits therefrom.

Defendant denied generally these allegations of the complaint and by way of cross-complaint asked that defendant’s title thereto be quieted against the plaintiffs. Defendant appealed from a decree in plaintiffs’ favor.

Certain facts are not in dispute. The mother of the parties to this action, Arshaloos Arakelian (formerly Khasigian) died intestate July 27, 1955. She had been married to Movses Arakelian for over 35 years. Defendant Arkel Arakelian, the only child of that marriage, was born November 11, 1921. At the time of the mother’s death, title to her city home (Lots 5 and 6) stood in her name as well as a bank account in the amount of $565.01. Title to the 20-aere ranch property (Lot 38) stood in…