Ballinger v. Ballinger (1937)

(Ballinger v. Ballinger, 9 Cal.2d 330, 334 [ 70 P.2d 629 ]; Britton v. Hammell, 4 Cal.2d 690, 691 [ 52 P.2d 221 ]; Trimble v. Trimble, 219 Cal. 340 . 344 [ 26 P.2d 477 ]; Fields v. Michael, 91 Cal.App.2d 443, 448 [ 205 P.2d 402 ].) Respondents urge that the position of a husband in dealing with community property is that of a fiduciary (Vai v. Bank of America, 56 Cal.2d 329, 338 [ 15 Cal.Rptr. 71 , 364 P.2d 247 ]), and that therefore any transfer, sale or disposition of comm…

(See Ballinger v. Ballinger (1937) 9 Cal.2d 330, 334 [ 70 P.2d 629 ].) If this parcel were in fact community property of the *482 father and stepmother (cf. discussion, infra), and the deed was not validly delivered, the daughters would have had no interest therein at all.

(Estate of Miller, 23 Cal.App.2d 16, 18 [2] [ 71 P.2d 1117 ] [hearing denied by the Supreme Court]; cf. Ballinger v. Ballinger, 9 Cal.2d 330, 333 [1] [ 70 P.2d 629 ].)

(Dunn v. Mullan, 211 Cal. 583, 589 [ 296 P. 604 ]; Ballinger v. Ballinger, 9 Cal.2d 330, 333 [ 70 P.2d 629 ]; Ayoob v. Ayoob, 74 Cal.App.2d 236 , 254 *642 [ 168 P.2d 462 ]; Pasadena Trust etc. Bank v. Bryson, 46 (Cal.App. 730, 733 [ 189 P. 816 ].) The presumption, together with the other evidence, was sufficient to warrant the conclusion that the jewelry and furs were gifts from citee to decedent.

(Ballinger v. Ballinger, 9 Cal.2d 330, 333 [ 70 P.2d 629 ] ; Olson v. Olson, 4 Cal.2d 434, 438 [ 49 P.2d 827 ] ; Cullen v. Bisbee, 168 Cal. 695, 698 [ 144 P. 968 ]; Kane v. Desmond, 63 Cal. 464, 465 ; Hutchinson v. California Trust Co., 43 Cal.App.2d 571, 575 [ 111 P.2d 401 ].) Based on this premise, which is sound law and admitted to be true by respondent, appellant argues that the evidence that the articles were delivered to the wife as “gifts” at Christmas times, or on an…

(Ballinger v. Ballinger, 9 Cal.2d 330, 333 [ 70 P.2d 629 ]; Olson v. Olson, 4 Cal.2d 434, 438 [ 49 P.2d 827 ]; Cullen v. Bisbee, 168 Cal. 695, 698 [ 144 P. 968 ]; Kane v. Desmond, 63 Cal. 464, 465 ; Hutchinson v. California Trust Co., 43 Cal.App.2d 571, 575 [ 111 P.2d 401 ].) Based on this premise, which is sound law and admitted to be true by respondent, appellant argues that the evidence that the articles were delivered to the wife as "gifts" at Christmas times, or on anni…

In Ballinger v. Ballinger, 9 Cal.2d 330, 334 [70 PaCal.2d 629, it is stated: "The gift of community property by the husband without the consent of the wife may be set aside in its entirety by the wife during the lifetime of her husband (Britton v. Hammell, 4 Cal.2d 690 [52 PaCal.2d 221]), and after his death may be set aside as to one-half thereof (Trimble v. Trimble, 219 Cal. 340 [26 PaCal.2d 477, 488])." In the case under review the husband is still living and no showing h…

See Ballinger v. Ballinger (1937) 9 Cal.2d 330, 334 [ 70 P.2d 629 ; Trimble v. Trimble (1933) 219 Cal. 340, 344 [ 26 P.2d 477 ].) In the present case Betty Marvin, the aggrieved spouse, had the opportunity to assert her community property rights in the divorce action.