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Estate of Raphael

Court of Appeal of California
206 P.2d 391 (1949)


Facts

Bertha Raphael (defendant) married Raymond Raphael in August 1939. Nine months later, Raymond inherited substantial property. Approximately six years later, in 1946, Raymond passed away. Bertha filed her income-tax returns from 1941 through 1944, reflecting one-half the marital earnings as her income. Following Raymond’s death, his brother Harry Raphael (plaintiff) qualified as administrator of his estate. Harry petitioned for a partial distribution of Raymond’s estate. The trial court, based on Bertha’s tax returns and testimony, found that Bertha and Raymond had entered into and fully executed an oral agreement for the transmutation of all property each had separately owned and acquired during their marriage into the community property of both spouses. Harry appealed the trial court’s holding.

Rule of Law

Issue

Holding and Reasoning (Ward, J.)

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