DI SALVO v. BANK OF AMERICA

Docket No. 25332.

274 Cal.App.2d 351 (1969)

78 Cal. Rptr. 838

SANDRA SMITH DI SALVO, Plaintiff and Appellant, v. BANK OF AMERICA, as Executor, etc., et al., Defendants and Respondents.

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

June 26, 1969.


Attorney(s) appearing for the Case

De Mattei, Mariani, Rainville, Chargin & Chargin, Henry Mariani and Harry J. Kaplan for Plaintiff and Appellant.

Berol, Loughran & Geernaert, Bruce R. Geernaert and Hope L. Greenhill for Defendants and Respondents.


BROWN (H.C.), J.

This is an appeal from a judgment of dismissal with prejudice following the sustaining of a demurrer to the first amended complaint without leave to amend. The demurrer was sustained on the basis that the complaint alleged an oral contract to make a will and thus was not enforceable under the provisions of Civil Code section 1624, subdivision 6.

Plaintiff contends that under the facts stated in the complaint defendants are estopped to assert...

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