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IN RE MARRIAGE OF BARNESON

No. A080323.

81 Cal.Rptr.2d 726 (1999)

69 Cal.App.4th 583

In re the MARRIAGE OF Robert L. and Evelyn Kaiser BARNESON. Michael McGirr, as Executor, etc., Appellant, v. Evelyn Kaiser Barneson, Respondent.

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

January 26, 1999.

Attorney(s) appearing for the Case

Law Offices of Peter G. Lowenstein, New York City, Kathleen A Murphy, Tanke & Willemsen, Tony J. Tanke, Redwood City, Karen Bautista Hobin, for Appellant.

Robert Kent Brewer, San Francisco, for Respondent.

KLINE, P.J.

Michael McGirr, executor of the estate of Robert L. Barneson, appeals from a trial court order finding certain transfers of stock from the decedent into the name of his then-wife constituted transmutations of his separate property into her separate property under Family Code section 852, subdivision (a). Appellant contends the writings pursuant to which the transfers were effected did not contain the "express declaration" required by statute and case law...

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