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HERRICK v. EVERHART

Docket No. 28375.

241 Cal.App.2d 195 (1966)

50 Cal. Rptr. 454

ROBERT W. HERRICK et al., Plaintiffs and Appellants, v. ROBERT M. EVERHART, as Executor, etc., et al., Defendants and Respondents.

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

March 29, 1966.

Attorney(s) appearing for the Case

Fadem & Graves and Ernest L. Graves for Plaintiffs and Appellants.

Hart & Mieras and Henry F. Walker for Defendants and Respondents.

FILES, P.J.

In this action to establish a trust based upon an alleged oral agreement between spouses now deceased, the trial court sustained demurrers to three successive complaints, the third without leave to amend. Following this latter order, which was made on December 10, 1963, the trial judge signed and the clerk entered on December 20 a document captioned "Judgment" but which is in form merely another order sustaining the demurrer without leave to amend. The...

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