FIDUCIARY ADMINISTRATION-FRAUD IN SECURING PROBATE-CONSTRUCTIVE TRUST IMPOSED ON DEVISEE

Plaintiff's complaint contained the following allegations: that plaintiff was the daughter and defendant the son of the decedent; that defendant had fraudulently destroyed written acknowledgements of the decedent that plaintiff was his daughter; that defendant had falsely secured the probate of decedent's purported will, in which the plaintiff was in no way mentioned. The complaint sought the recovery of the value of a one-half interest in the estate. The trial court sustained a demurrer to the complaint. On appeal, held, reversed.

The complaint stated a cause of action entitling plaintiff to the imposition of a constructive trust on the property held by defendant, to the extent of plaintiff's share of the estate as a pretermitted heir, or as an heir under the statute of intestate devolution. Defendant's concealment of plaintiff's existence from the probate court constitutes extrinsic fraud. Ellis v. Schwank, (Wash. 1950) 223 P. (2d) 448.