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COATES v. SMITH

Docket No. 17163.

95 Cal.App.2d 20 (1949)

212 P.2d 62

MARJORIE ALICE SMITH COATES et al., Appellants, v. CLARYLIN GILMAN SMITH, Respondent.

Court of Appeals of California, Second District, Division Two.

December 9, 1949.

Attorney(s) appearing for the Case

A.G. Reily for Appellants.

Joseph Smith for Respondent.

MOORE, P.J.

[1] The question for decision is whether the general demurrer to the second amended complaint for the executrix's fraudulently appropriating $50,000 of bonds left by decedent should have been sustained without leave to amend where the complaint shows that the plaintiff had full knowledge of the existence of the bonds prior to decedent's demise and of the inventory filed by the executrix 14 years...

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