Shive v. Barrow

In Shive v. Barrow (1948) 88 Cal. App. 2d 838, the Court discussed the enforceability of contracts to make a will: "If there is a valid agreement to make a will and the agreement is fair and reasonable and adequately supported by consideration, equity will grant a sort of quasi-specific performance by making the party who receives the estate a constructive trustee for the intended beneficiary in accordance with the terms of the agreement. . . . "Though the estate may be probated and the property distributed accordingly, if there is a valid agreement to make a will which is certain and definite, and founded upon an adequate consideration, the court, in an action by the promisee, will impose a constructive trust upon any particular property in the hands of the individual distributee. . . . ". . . There is a long line of decisions in this state to the effect that the law gives plaintiffs an adequate remedy for breach of the agreement, or for the money advanced and for compensation for the services rendered, and that equity will not grant quasi-specific performance of the agreement when such remedies are available. . . . Equity follows the law and, when the law determines the rights of the respective parties, a court of equity is without power to decree relief which the law denies. . . . Where the law gives a party an adequate remedy by way of an action in damages for breach of contract, or for compensation for the services rendered under it, a court of equity may not grant specific performance of such a contract." (Shive v. Barrow, supra, 88 Cal. App. 2d at pp. 843-844.)