relinquishment claim (California) · Go Syfert
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relinquishment claim in California

5 California opinions name it 3 courts 1901–1996 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Balkema v. Deichesgreen
calctapp · 1949 · cited in 1 California opinions naming this issue, 1950–1950
2 sentences

1950(Balkema v. Deiches, 90 Cal.App.2d 427, 430 [ 202 P.2d 1068 ].) Husband contends that aside from the doctrine that inference is overcome by written evidence, the wife’s recital in her income tax returns is conclusive proof that her earnings *57 were community property, citing Estate of Watkins, 16 Cal.2d 793, 797 [ 108 P.2d 417 , 109 P.2d 1 ], The cited case is not authority for husband’s claim.

1950(Balkema v. Deiches, 90 Cal.App.2d 427, 430 [ 202 P.2d 1068 ].) Husband contends that aside from the doctrine that inference is overcome by written evidence, the wife’s recital in her income tax returns is conclusive proof that her earnings *57 were community property, citing Estate of Watkins, 16 Cal.2d 793, 797 [ 108 P.2d 417 , 109 P.2d 1 ], The cited case is not authority for husband’s claim.

11
Estate of Watkinsgreen
cal · 1940 · cited in 1 California opinions naming this issue, 1950–1950
2 sentences

1950(Balkema v. Deiches, 90 Cal.App.2d 427, 430 [ 202 P.2d 1068 ].) Husband contends that aside from the doctrine that inference is overcome by written evidence, the wife’s recital in her income tax returns is conclusive proof that her earnings *57 were community property, citing Estate of Watkins, 16 Cal.2d 793, 797 [ 108 P.2d 417 , 109 P.2d 1 ], The cited case is not authority for husband’s claim.

1950(Balkema v. Deiches, 90 Cal.App.2d 427, 430 [ 202 P.2d 1068 ].) Husband contends that aside from the doctrine that inference is overcome by written evidence, the wife’s recital in her income tax returns is conclusive proof that her earnings *57 were community property, citing Estate of Watkins, 16 Cal.2d 793, 797 [ 108 P.2d 417 , 109 P.2d 1 ], The cited case is not authority for husband’s claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
City Street Improvement Co. v. Pearson green
cal · 1919
2 sentences

1996Co. v. Pearson, supra, 181 Cal. 640, 649 .) We hold that, when state funds are expended pursuant to a settlement agreement in exchange for the relinquishment of such a claim, no `public purpose' is achieved.

1983Co. v. Pearson, supra, 181 Cal. 640, 649 .) We hold that, when state funds are expended pursuant to a settlement agreement in exchange for the relinquishment of such a claim, no “public purpose” is achieved.

21983–1996
Nichols v. Mitchell green
cal · 1948
2 sentences

1950(Nichols v. Mitchell, 32 Cal.2d 598 [ 197 P.2d 550 ].) Since the evidence herein upon which the court based its finding of the husband’s relinquishment of claim of ownership of a share in the wife’s earnings is reasonable and credible the reviewing court cannot say that, the trier of fact abused his discretion in malting his determination.

1950(Nichols v. Mitchell, 32 Cal.2d 598 [ 197 P.2d 550 ].) Since the evidence herein upon which the court based its finding of the husband’s relinquishment of claim of ownership of a share in the wife’s earnings is reasonable and credible the reviewing court cannot say that, the trier of fact abused his discretion in malting his determination.

11950–1950
Morris v. Reclamation District No. 108 green
cal · 1941
1 sentence

1950(Balkema v. Deiches, 90 Cal.App.2d 427, 430 [ 202 P.2d 1068 ].) Husband contends that aside from the doctrine that inference is overcome by written evidence, the wife’s recital in her income tax returns is conclusive proof that her earnings *57 were community property, citing Estate of Watkins, 16 Cal.2d 793, 797 [ 108 P.2d 417 , 109 P.2d 1 ], The cited case is not authority for husband’s claim.

11950–1950
In re Estate of Blythe green
cal · 1895
2 sentences

1913As is said in the case of In re Blythe, 108 Cal. 124, 127 , [ 41 Pac. 33 ], “in principle it matters not whether the relinquishment of the claim be voluntary, as by purchase, abandonment or compromise, or involuntary, as by final decree—in both cases the interest of the appellant in the controversy has come definitively to an end, and the decision on the appeal cannot affect the result as to the thing in issue before the court. ’ ’ And, as is said in California v. San Pablo & Tulare R.

1913As is said in the case of In re Blythe, 108 Cal. 124, 127 , [ 41 Pac. 33 ], “in principle it matters not whether the relinquishment of the claim be voluntary, as by purchase, abandonment or compromise, or involuntary, as by final decree—in both cases the interest of the appellant in the controversy has come definitively to an end, and the decision on the appeal cannot affect the result as to the thing in issue before the court. ’ ’ And, as is said in California v. San Pablo & Tulare R.

11913–1913
Eproson v. Wheat neutral
cal · 1879
1 sentence

1901The case also comes within the reason of the rule “that he who accepts a benefit under a . . . . will must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right inconsistent with it.” (1 Jarman on Wills, 385; Story's Equity Jurisprudence, secs. 1075, 1076; Morrison v. Bowman, 29 Cal. 346 ; Estate of Stewart, 74 Cal. 98 ; Estate of Smith, 108 Cal. 115 ; Etcheborne v. Auzerais, 45 Cal. 121 ; Eproson v. Wheat, 53 Cal. 715 .) As to the time the election is to be exercised the will is equally clear.

11901–1901
De Etcheborne v. Auzerais neutral
cal · 1872
1 sentence

1901The case also comes within the reason of the rule “that he who accepts a benefit under a . . . . will must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right inconsistent with it.” (1 Jarman on Wills, 385; Story's Equity Jurisprudence, secs. 1075, 1076; Morrison v. Bowman, 29 Cal. 346 ; Estate of Stewart, 74 Cal. 98 ; Estate of Smith, 108 Cal. 115 ; Etcheborne v. Auzerais, 45 Cal. 121 ; Eproson v. Wheat, 53 Cal. 715 .) As to the time the election is to be exercised the will is equally clear.

11901–1901
In re Estate of Stewart green
cal · 1887
1 sentence

1901The case also comes within the reason of the rule “that he who accepts a benefit under a . . . . will must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right inconsistent with it.” (1 Jarman on Wills, 385; Story's Equity Jurisprudence, secs. 1075, 1076; Morrison v. Bowman, 29 Cal. 346 ; Estate of Stewart, 74 Cal. 98 ; Estate of Smith, 108 Cal. 115 ; Etcheborne v. Auzerais, 45 Cal. 121 ; Eproson v. Wheat, 53 Cal. 715 .) As to the time the election is to be exercised the will is equally clear.

11901–1901
In re Estate of Smith green
cal · 1895
1 sentence

1901The case also comes within the reason of the rule “that he who accepts a benefit under a . . . . will must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right inconsistent with it.” (1 Jarman on Wills, 385; Story's Equity Jurisprudence, secs. 1075, 1076; Morrison v. Bowman, 29 Cal. 346 ; Estate of Stewart, 74 Cal. 98 ; Estate of Smith, 108 Cal. 115 ; Etcheborne v. Auzerais, 45 Cal. 121 ; Eproson v. Wheat, 53 Cal. 715 .) As to the time the election is to be exercised the will is equally clear.

11901–1901

Where else courts name it

PA 13 (2000–2026) CA 5 (1901–1996) MO 4 (1909–1994) NY 4 (1983–2011) ID 3 (1965–2025) MD 3 (1930–1971) IN 3 (1952–1986) CO 2 (1983–2021) TX 2 (2001–2001) UT 2 (2011–2022) NM 2 (2003–2021) MA 2 (1956–1980)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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