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FALLON v. AMERICAN TRUST CO.

Docket No. 18628.

176 Cal.App.2d 381 (1959)

1 Cal. Rptr. 386

MARGARET FALLON, Appellant, v. AMERICAN TRUST COMPANY (a Corporation), as Executor, etc., Respondent.

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

December 18, 1959.

Attorney(s) appearing for the Case

Appel, Liebermann & Leonard for Appellant.

Lange & Rockwell for Respondent.

TOBRINER, J.

[1a] This case presents the sole issue of whether or not appellant's second amended complaint states a cause of action. This complaint alleges: (1) an oral agreement by the decedent to devise and bequeath one-fourth of his estate to appellant in consideration of her forbearance from suing for divorce; (2) forbearance from suit by appellant despite legal grounds therefor; and (3) decedent's...

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