Logourl black
From our private database of 14,000+ case briefs...

Harris v. Harris

Supreme Court of California
369 P.2d 481 (1962)


Facts

Susie Harris and Marshall Harris were married when Susie made a valid, enforceable will providing that if she survived Marshall, at her death, all of her property would go to her son, Mr. Harris (plaintiff). Subsequently, Susie became incompetent, and Marshall was appointed her guardian. Over the next nine years, Marshall made significant gifts of community property to other individuals (defendants), totaling $29,543.76. During that time, Susie was unable to consent to these gifts due to her incompetency, and Marshall did not receive court permission to make such gifts. On March 26, 1957, Marshall resigned the guardianship position, which his son then assumed. Susie passed away on September 25, 1957, and Marshall subsequently passed away on December 10, 1957. Following the death of Susie and Marshall, their son Mr. Harris qualified as the executor of Susie’s estate and brought a claim against the recipients of Marshall’s unauthorized gifts for Susie's one-half interest in those gifts under California Civil Code § 172. The trial court found that Mr. Harris had the right as Susie's executor to bring an action for Susie's one-half ownership interest in the value of the unauthorized gifts. The gifts’ beneficiaries appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Traynor, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. 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.

  2. 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 174,000 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.