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Estate of Prager

Supreme Court of California
137 P. 37 (1913)


Charles Prager died testate in September of 1911. The total value of Charles' estate was $630,321.67. That estate included community property that was located outside of the bounds of the city of Los Angeles valued at $179,928.50. Charles Prager’s will bequeathed all property he owned outside the city of Los Angeles to a series of extended family members, including Fannie Cohn (plaintiff). Charles Prager’s surviving widow, Mary J. Prager (defendant), informed the beneficiaries that she intended to claim her one-half interest in all community property in addition to everything that was bequeathed to Mary Prager under Charles Prager's will. Fannie Cohn petitioned the court to declare that Mary Prager, by electing to take her one-half property interest in all property that was Mary and Charles Prager’s community property, had made her election in lieu of any other bequests under the will. The trial court dismissed Fannie Cohn's petition. Fannie appealed.

Rule of Law


Holding and Reasoning (Sloss, J.)

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