Encinas

This is an appeal from an order in a probate proceeding that denied a petition by petitioners Theodore Encinas and *829 Ofelia Encinas for a decree adjudging and declaring petitioners to be the owners of certain real property.

I

The Factual Background

Four parcels of real property were originally owned by petitioners. On December 4, 1973, by grant deeds, petitioners conveyed these parcels to their married daughter, Maria Astrid Blanco. These conveyances were made pursuant to an oral understanding between petitioners and Maria that Maria would hold title in trust for petitioners and reconvey the parcels upon request of petitioners. Maria furnished no consideration for the transfers.

At the date of petitioners’ conveyances to Maria, there was pending against petitioner Theodore Encinas a medical malpractice action that had been filed by Esmilia Topete. Mrs. Topete had been a patient of Theodore Encinas who was a chiropractor and in his late seventies at the time. The Topete suit sought damages of $150,000.

According to Theodore’s testimony, the transfers to Maria were made at the suggestion of Theodore’s attorney who was representing him in the Topete-Encinas…