Slater

Slater v. Bielsky

Good Law
183 Cal. App. 2d 523·1960 Cal. App. LEXIS 1782·6 Cal. Rptr. 683
Court of Appeal of CaliforniaAugust 4, 1960Civ. 24242California3,556 words

Opinion

Opinion

Lillie, J.

Plaintiff, surviving husband of Mary Slater, deceased, sued her estate and her incompetent daughter, Rena Wolfson (a child of a prior marriage), to set aside certain deeds he had executed to his wife during her lifetime and a purported gift of community property. His first cause of action alleged that a deed dated November 8, 1948, transferring to her as her separate property a lot on Brooks Avenue, was given by him upon her fraudulent representation that plaintiff should convey it to her to protect them from possible claims of creditors, and that it would still remain community property and on her death he would inherit the same free of cost of probate and taxes; the second charged that on February 2,1944, he executed a deed in both of their names to a lot on Avenue 19 as community property and that the deed was procured from him through her fraudulent representation that upon the death of either the property would automatically go to the survivor without cost of probate and taxes; and the third cause of action was to set aside as to one-half, certain savings bonds that, unknown to him and without his consent, were purchased by the deceased during their married life with…

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