Murrell

This suit is brought by appellant to declare a trust in her favor in one-third of the property of the estate of Mary J. Levi, deceased, in the hands of her administratrices and legatees, in lieu of specific performance of an alleged oral agreement by the decedent *671 to will one-third of her estate to the appellant in consideration of appellant’s refraining from contesting the will of decedent’s husband. The District Court dismissed the bill of complaint on the ground, stated in the decree, that the contract alleged therein and on which this action is based “was never reduced to writing within the meaning of the statute of frauds of the State of California (Civ. Code § 1624, subd. 7; Code Civ. Proc. § 1973, subd. 7), and is therefore barred or invalid by reason of such statutes.” Prom this decree of dismissal the plaintiff takes this appeal.

The alleged contract was entered into in Michigan, and appellant contends that such a contract is valid under the laws of Michigan and should he enforced in California upon the theory that the law of the place of contract rather than of the forum should control. It is contended by the appellees that the California statute of frauds controls…