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WELLS FARGO BANK v. CORY

Docket No. 48378.

110 Cal.App.3d 242 (1980)

167 Cal. Rptr. 778

WELLS FARGO BANK, as Co-executor, etc., et al., Plaintiffs and Respondents, v. KENNETH CORY, as State Controller, et al., Defendants and Appellants.

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

September 16, 1980.

Attorney(s) appearing for the Case

COUNSEL

Myron Siedorf, Robert G. Harvey and Gordon K. Ohanesian for Defendants and Appellants.

Titchell, Maltzman, Mark, Bass & Ohleyer, Philip B. Bass and Stephen G. Gould for Plaintiffs and Respondents.

OPINION

FEINBERG, J.

On May 5, 1969, in consideration for a $725,876.49 promissory note, payable on demand at no rate of interest, Ruth H. Lilienthal made loans and advances of $725,656.49 to her son, Phillip N. Lilienthal III. Some partial payments were made, but in 1973, Mrs. Lilienthal forgave $300,000 of the outstanding balance and filed a gift tax return. When the mother died in 1975, the balance due on the loan was $385,756...

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