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MILLER v. JOHNSON

Docket No. 26491.

214 Cal.App.2d 123 (1963)

29 Cal. Rptr. 251

POLLY M. MILLER, Plaintiff and Appellant, v. MARY F. JOHNSON, as Guardian, etc., et al., Defendants and Respondents.

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

March 15, 1963.

Attorney(s) appearing for the Case

Cadoo & Tretheway and John C. Moore for Plaintiff and Appellant.

Malloy & Shadle and Joseph Besnah for Defendants and Respondents.

BURKE, P.J.

Plaintiff seeks to establish rights to property of a decedent on the ground that she is the surviving spouse or (alternatively) the putative spouse of Ralph E. Miller, decedent. Defendants are the children of decedent by a prior marriage.

Plaintiff married Burton C. Wells in 1920 and obtained a divorce from him in 1945 in Dallas, Texas. She married Prestley H. Walker in 1947 in Dallas, and the parties separated in California in July 1956, when...

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