Fritschi

The present litigation represents one phase of the same hostilities which produced our decision in Estate of Fritschi, (Cal.App.) 28 Cal.Rptr. 86 . Plaintiff Rose Marie Fritschi and Dr. Fritschi had married in 1934 and received an interlocutory decree of divorce in April 1958. At the time of their divorce they were the parents of two teen-age sons. For several years preceding the divorce Dr. Fritschi had been engaged in an affair with defendant Marie Teed. The Fritschi divorce proceedings were contested. They culminated in an interlocutory decree signed and entered on April 23, 1958. The decree awarded a divorce to Mrs. Fritschi and granted her custody of the two sons. Dr. Fritschi was directed to pay $900 per month alimony and $350 per month child support.

One paragraph of the interlocutory decree stated that Mrs. Fritschi “be, and she is hereby, awarded” certain described items of community property including the family residence and its furnishings, an automobile, and shares of stock. Another paragraph declared that Dr. Fritschi “be, and he is hereby, awarded” specified items of community property including several parcels of real estate, insurance policies on his own life,…