Hansen

Hansen v. Bear Film Co.

Bad Law
1946 Cal. LEXIS 200·28 Cal. 2d 154·168 P.2d 946
Supreme Court of CaliforniaMay 7, 1946S. F. No. 16989California11,760 words

Opinion

lead Opinion

Carter, J.

Defendants appeal from a judgment which, among other things, decrees that plaintiff, as sole heir of her deceased father, is the equitable owner of all of the stock of defendant Bear Film Company, and which directs defendants, as trustees, to forthwith deliver the stock certificates to her and transfer legal title thereto in fulfillment of the trusts under which it is held.

The main question presented is that of the sufficiency of the evidence to support the trial court’s findings that a valid trust exists and that plaintiff’s claim is not barred by laches or the statute of limitation.

For convenience reference will be made to members of the Hansen family by their first names. Josephine T. Hansen, plaintiff’s paternal grandmother, migrated from Copenhagen to the eastern United States, where she made a home for her sons, Charles, Oscar, and Albert. Oscar married a Michigan girl, Fay, and on October 18, .1916, their daughter Virginia (plaintiff) was born.

*158 In 1919 or prior thereto, Oscar came to San Francisco and obtained work with Wakelee’s Drug Store. He established a home for his wife and child, and also for Josephine who after a short time came west and joined the family.…

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