[DOWNLOAD] "Estate Of Peter Baglione V. Wagner" by Supreme Court Of California In Bank # Book PDF Kindle ePub Free

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eBook details

• Title: Estate Of Peter Baglione V. Wagner
• Author : Supreme Court Of California In Bank
• Release Date : January 06, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

TRAYNOR, C.J. In these proceedings Marie Baglione, the widow of Peter Baglione, seeks to establish her right to succeed to certain real property in Peter's estate to the exclusion of the devisees under his will. In a proceeding to determine heirship, the superior court sitting in probate found that the property was the community property of Marie and Peter and should be distributed accordingly. It expressly declined to consider Marie's claim to the entire property based on an alleged contract that she had made with Peter on the ground that the superior court sitting in probate had no jurisdiction over such a claim. Marie then filed an action against the executor of Peter's estate to enforce the alleged contract in which Marie and Peter had agreed that the survivor would succeed to all property acquired by the parties during the marriage. The devisees intervened and joined in the executor's demurrer to the complaint. After it was stipulated that the alleged contract was oral, the court sustained the demurrer without leave to amend and entered judgment dismissing the action. Marie appeals from the order of the court sitting in probate determining   the interests of the parties in the estate and from the judgment of dismissal.

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