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CARDOZO v. BANK OF AMERICA, NAT'L TRUST AND SAV. ASS'N

Docket No. 15402.

116 Cal.App.2d 833 (1953)

254 P.2d 949

JOHN SOUZA CARDOZO, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., Respondent.

Court of Appeals of California, First District, Division One.

March 23, 1953.

Attorney(s) appearing for the Case

John H. Machado for Appellant.

Lucille F. Athearn for Respondent.

BRAY, J.

Plaintiff appeals from a judgment in favor of defendant in a fraud action to establish a trust in assets of the estate.

QUESTION PRESENTED

Does the evidence support the court's finding of no extrinsic fraud?

FACTS

Taking the evidence and the reasonable inferences therefrom most strongly in favor of defendant, as we are required to do, the facts are as follows:

Mary Cardozo's husband, Jorge, died January 29, 1938...

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