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ESTATE OF BIALY

Docket Nos. 5963, 5964.

169 Cal.App.2d 479 (1959)

337 P.2d 511

Estate of CHARLES F. BIALY, Deceased. PEARL BIALY, Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., et al., Appellants. [Two Cases.]

Court of Appeals of California, Fourth District.

April 9, 1959.

Attorney(s) appearing for the Case

Guerin, Guerin & Graham, Guerin & Guerin, John J. Guerin and David Welts for Appellants.

M.S. Bernard, Harry J. Crawford, Richard E. Reese and Charles C. Montgomery, Jr., for Respondent.

MUSSELL, J.

This is an action by Pearl Bialy, the divorced wife of Charles F. Bialy, deceased, to have executor declared constructive trustee of community property and for declaratory relief. By stipulation of the parties and by order of the trial court the action was consolidated with and tried as a part of the probate proceedings in the matter of the estate of Charles F. Bialy, deceased. The trial court rendered judgment impressing a trust on one-half of the property...

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