LENNEFELT v. CRANSTON

Docket No. 21769.

231 Cal.App.2d 171 (1964)

41 Cal. Rptr. 598

DELL FREDA LENNEFELT, Individually and as Executrix, etc., et al., Plaintiffs and Appellants, v. ALAN CRANSTON, as State Controller, Defendant and Respondent.

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

December 14, 1964.


Attorney(s) appearing for the Case

Fitzgerald, Abbott & Beardsley and James C. Soper for Plaintiffs and Appellants.

Charles J. Barry, Milton D. Harris and Newell C. Barnett for Defendant and Respondent.


AGEE, J.

In this action in equity to set aside an order fixing inheritance tax upon the ground of extrinsic mistake the trial court found that the mistake was intrinsic rather than extrinsic and denied relief. Plaintiffs appeal from the judgment.

The broad statutory provisions for relief from mistake (Code Civ. Proc., § 473) are not available to plaintiffs in this case because application for such relief was not made within six months after the making...

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