Schlaadt

Schlaadt v. Zimmerman

Good Law
206 F.2d 782·1953 U.S. App. LEXIS 2798
United States Court of Appeals for the Ninth CircuitSeptember 9, 195313554_1California1,123 words

Opinion

Opinion

Mathews, J.

At all pertinent times prior to August 11, 1944, John Henry Kucks, hereafter called Kucks, was a widower residing at Davenport, Washington, and Catharina Schlaadt, hereafter called Catharina, was a widow residing at Portland, Oregon. Catharina was the mother of appellants, Grover C. Schlaadt, a citizen of Oregon, and Garfield Schlaadt, a citizen of California.

In June 1944, when Kucks was 81 years old and Catharina 76 years old, Kucks proposed marriage to Catharina and promised her that, if she would marry him, he would, at his death, leave all his property to appellants. Relying on that promise, ■Catharina accepted Kucks’ proposal. Thus Kucks and Catharina mutually promised to marry, and Kucks, upon consideration of such marriage, promised to leave all his property to appellants.

Kucks and Catharina were accordingly married at Vancouver, Washington, on August 11, 1944. Thereupon, on or about August 11, 1941, Catharina moved from Portland to Davenport. She thereafter resided with Kucks at Davenport and was a ■dutiful wife to him until her death on January 4, 1946. Kucks resided at Davenport until his death on July 12, 1951.

Kucks executed five wills — one on May 24-, 1945, one…

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