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DAY v. GREENE

Docket L.A. 26447.

59 Cal.2d 404 (1963)

380 P.2d 385

29 Cal. Rptr. 785

EVA GREENE DAY, Plaintiff and Respondent, v. FRANK TOWNSEND GREENE et al., Defendants and Appellants.

Supreme Court of California. In Bank.

April 11, 1963.

Attorney(s) appearing for the Case

Leo B. Ward, in pro. per., Franklin W. Peck, Chapman, Frazer, Lindley & Young, John S. Chapman, William Elliott Viney, William P. Camusi, John B. Tittmann, Keith F. Quail, James V. Robins, Gibson, Dunn & Crutcher, Norman S. Sterry and Frederic H. Sturdy for Defendants and Appellants.

Lillick, Geary, McHose, Roethke & Myers, John C. McHose, Gordon K. Wright, Bryant & Moltzen, W. Byron Bryant, Harry C. Mabry, Dryden, Harrington, Horgan & Swartz and Vernon G. Foster for Plaintiff and Respondent.

GIBSON, C.J.

Eva Greene Day brought this action on December 27, 1957, to impress a constructive trust upon one-seventh of the residual estate of her stepmother, Mary Greene, claiming that Mary had entered into an oral contract with Colonel Greene (Mary's husband and Eva's father) by which Mary agreed to leave her estate equally to Eva and the six children of Mary and Colonel Greene. The defendants include, among others,...

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