WILLS-CONSTRUCTIVE TRUST IMPOSED ON ALL HEIRS WHERE SOME INTERFERED WITH EXECUTION OF WILL

Two heirs at law, by physical force or by creating a disturbance, prevented decedent from executing a will devising her property to plaintiff. Shortly thereafter, decedent lapsed into a semi-comatose condition from which she never recovered. Plaintiff asked the court to impose a constructive trust on the distributive shares of all heirs, six of whom were not parties to the fraud. The district court gave judgment for the plaintiff; the Court of Civil Appeals partially reversed, allowing the innocent heirs to take free of any trust. On appeal, held, judgment of district court affirmed. Since all heirs at law were unjustly enriched, their distributive shares were properly impressed with a constructive trust for plaintiff\u27s benefit. Pope v. Garrett, (Tex. I948) 211 S.W. (2d) 559