In Day v. Greene (1963) 59 Cal.2d 404, the California Supreme Court found sufficient evidence that there had been an agreement to make a will. The decedent made a will leaving everything to his second wife after orally agreeing with her that upon her death, she would provide for the plaintiff, her husband's daughter from a prior marriage. That daughter would share and share alike with the children of the second wife. The second wife died, leaving everything to her children and nothing to the plaintiff. The plaintiff brought an action against the second wife's children, claiming her stepmother entered into an oral contract with her father in which she agreed to include the plaintiff in her estate. The trial court rendered judgment in favor of the plaintiff, and the appellate court affirmed. Among the evidence considered by the court was the plaintiff's surprise at being omitted from her father's will, and her stepmother's assurance that "'Your father and I . . . agreed that he would leave everything to me in my lifetime and that I would take care of you upon my death, that you would share with my children, share and share alike.'" (Day, supra, 59 Cal.2d at p. 407.) The court also noted the plaintiff relied upon the agreement and did not attempt to enforce her claims against her father's estate until she learned the contents of her stepmother's will. (Id. at p. 409.) In addition, at least some of the property had been transferred to the plaintiff's stepmother in an effort to protect it from claims of possible creditors. (Id. at p. 410.) The court found "ample evidence" to support the finding of a constructive trust and "it could reasonably be inferred that the plaintiff's father relied on his agreement with the plaintiff's stepmother for the protection of the plaintiff and that for this reason he abstained from revoking the trust and making any other provision for her." (Ibid.)