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VAI v. BANK OF AMERICA

Docket No. L.A. 25550.

56 Cal.2d 329 (1961)

364 P.2d 247

15 Cal. Rptr. 71

TRANQUILLA VAI, Plaintiff and Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Coexecutor and Trustee, etc., et al., Defendants and Respondents.

Supreme Court of California. In Bank.

July 26, 1961.

Attorney(s) appearing for the Case

Martin & Camusi, William P. Camusi and Kenneth D. Holland for Plaintiff and Appellant.

Appel, Liebermann & Leonard and Boekel, Moran & Morris as Amici Curiae on behalf of Plaintiff and Appellant.

George M. Breslin, Michael G. Luddy, Henry G. Bodkin, Jr., E.E. Hitchcock, Cosgrove, Cramer, Diether & Rindge, Samuel H. Rindge, Wallace & Wallace, W. Woodson Wallace and Alden Reid for Defendants and Respondents.

WHITE, J.

This is an appeal by Tranquilla Vai from a judgment for defendant Bank of America as coexecutor with Henry Bodkin of the estate of Giovanni Vai, deceased, in a suit brought to rescind a property settlement agreement on the ground of fraud, for recovery of part of the property received by the husband under the agreement, and for damages in the event recovery thereof cannot be had.

Plaintiff and Giovanni (John) Vai were married in Italy in 1907 and...

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