Marsh
Marsh v. Van Allen Marsh
Opinion
Lead Opinion
Plummer, J.
Appellant began this action in the superior court of Los Angeles County against the defendants to recover certain property alleged to be the community property of the plaintiff and one Henry Marsh, deceased, and to set aside certain joint and several deeds executed in favor of the defendant Mary E. Van Allen Marsh and Henry Marsh, deceased, and also to recover a certain joint and several bank account standing in the names of said Mary E. Van Allen Marsh and Henry Marsh, deceased. The defendant Mary E'. Van Allen Marsh had judgment and the plaintiff appeals.
The record shows that on the eighth day of December, 1872, Henry Marsh, now deceased, and appellant Clara Marsh married in Chicago, in the state of Illinois; that one child born on the twelfth day of July, 1873, constituted the issue of said marriage. Thereafter, and some time during the year 1891, Henry Marsh and the appellant separated and in 1897 Henry Marsh came to California. Thereafter, and on or about the eighth day of July, 1901, the said Henry Marsh intermarried with the respondent Mary E. Van Allen Marsh, with whom he lived in California until the time of his death, which occurred on the second day of August, 1923.…