Is a constructive trust sufficient to prevent a plaintiff from making a will?

In Beard v. Melvin, 60 Cal.App.2d 421, 140 P.2d 720, supra, plaintiff sought to avoid the writing requirement of the statute of frauds applicable to contracts to make a will by framing his complaint on a theory of quasi-contract and seeking a constructive trust. The court held that since no contract under the circumstances could be implied without reference to an alleged actual contract to make a will, the action was necessarily barred by the statute of frauds, thereby indicating that in cases of this type the primary right is enforcement of the alleged contract.

In the case at bar all rights claimed by plaintiff in her stepmother's estate flow from the contract.

Distinguishing of cases where a constructive trust has been imposed based upon

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