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WHITFIELD v. FLAHERTY

Docket No. 7354.

228 Cal.App.2d 753 (1964)

39 Cal. Rptr. 857

BETTY WHITFIELD, as Administratrix, etc., Plaintiff and Respondent, v. LEO FRANCIS FLAHERTY, Individually and as Executor, etc., Defendant and Appellant.

Court of Appeals of California, Fourth District.

July 29, 1964.

Attorney(s) appearing for the Case

Young, Prenner & Hews and Robert H. Prenner for Defendant and Appellant.

Warren Schutz and Gomer Smith, Jr., for Plaintiff and Respondent.

COUGHLIN, Acting P.J.

This is an action to establish a constructive trust, for declaratory relief, and to quiet title.

[1a] In 1941 Francis Flaherty and Lucille Sudduth, hereinafter referred to as Frank and Lucille, respectively, commenced living together as husband and wife; previously had been married and were predeceased by their respective spouses; were not then married to each other because Lucille was receiving a pension arising out of the...

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