Saint

Saint v. Saint

Good Law
120 Cal. App. 15·1932 Cal. App. LEXIS 109·7 P.2d 374
Court of Appeal of CaliforniaJanuary 19, 1932Docket No. 4478.California1,920 words

Opinion

lead Opinion

Preston, J.

This is an action to establish a trust in certain real property situate in Los Angeles County formerly owned by William M. Saint.

Demurrers were interposed to the complaint by Carrie I. Davis Dubbs and Wilbur L. Y. Dubbs, individually, and as executors of the last will and testament of Hannah Y. Saint, deceased, and a separate demurrer was interposed by the defendant Harry Y. Saint. The court sustained the demurrers as to each defendant without leave to amend. Judgment of dismissal was then entered. Prom this judgment the plaintiff Gertrude Saint prosecutes this appeal.

The complaint is based upon facts alleged to have occurred in 1904 and 1905, more than twenty-five years ago. The complaint, when divested of all superfluous matter, may be briefly summarized as follows:

Appellant is now and has been since 1904 the wife of Otto R Saint and the daughter-in-law of William M. Saint, deceased. William M. Saint was the father of Harry and Otto R Saint and the husband of Hannah Y. Saint. William M. Saint died a resident of Los Angeles on December 20, 1904, leaving surviving him said two sons above named, and his said widow Hannah Y. Saint. His estate consisted in part of real property…

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