Estate of Raphael - 91 Cal. App. 2d 931, 206 P.2d 391 (1949)

Rule:

All that is required to show an executed oral agreement of transmutation is proof of the parties' acts and conduct in dealing with their property. In an executory contract some act remains to be done, while in an executed contract everything is completed at the time of the agreement without any outstanding promise calling for fulfillment by the further act of either party.

Facts:

The administrator alleged that all of the decedent's estate was the decedent's separate property and that the administrator and the widow were entitled to have the estate split between them. The widow filed written objections to the administrator's petition, asserting that a substantial part of the estate was community property. The widow filed a petition to determine the community property interest in the estate. The trial court found that the decedent had, by oral agreement, fully executed and corroborated by income tax returns, transmuted all of his property into community property, and that all of the estate was community property. 

Issue:

Did the trial court err in finding that the decedent had, by oral agreement, transmuted all of his property into community property, and that all of the estate was community property?

Answer:

No

Conclusion:

The court held that it was for the trial court to weigh the widow's testimony as to the decedent's oral agreement, and that the income tax returns were proper documentary evidence of the agreement. The court affirmed the trial court's judgment finding that the decedent's entire estate was community property based on an oral agreement between the decedent and the widow.