Estate of Vargas
Court of Appeal of California
111 Cal. Rptr. 779 (1974)
Juan Vargas married Mildred Vargas (plaintiff) in 1929, and they had children, continued to live together, and remained married until Juan's death in a car accident in 1969. While Juan was sometimes gone from the household for what Mildred believed in good faith was business, he was not absent for more than 10 days at any time. In 1945, Josephine Vargas (defendant) married Juan Vargas with the good-faith belief that Juan was divorced. Josephine and Juan had children and continued to live as a husband and wife from 1945 until Juan's death. Josephine was told by Juan, and believed in good faith, that he spent the nights in Long Beach in order to be close to his business, though Juan continued to eat dinner with Josephine and their children and be present during evenings and weekends regularly. The assets comprising the value of Juan's estate had not been acquired until after 1945, when Juan was actively managing both relationships and families. The probate court divided Juan's estate equally between Mildred and Josephine. Mildred appealed the probate court's decision.
Rule of Law
Holding and Reasoning (Fleming, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.