STAHMER v. SCHLEY

Docket No. 55181.

96 Cal.App.3d 200 (1979)

157 Cal. Rptr. 756

ALVIN G. STAHMER et al., Plaintiffs and Appellants, v. STANLEY J. SCHLEY, as Executor, etc., Defendant and Respondent.

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

August 22, 1979.


Attorney(s) appearing for the Case

COUNSEL

Rudolph E. Harper for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.


OPINION

FLEMING, J.

Plaintiffs appeal a judgment dismissing their complaint for quasi-specific performance of an agreement to leave property by joint will and for imposition of a constructive trust. The dismissal followed the sustension of defendant's demurrer to the complaint without leave to amend. We reverse.

Plaintiffs are the children of Irene Stiehl and are two of the named beneficiaries under the joint and mutual will...

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