Legal Opinion

Miller v. Johnson

California Court of Appeal

Decided March 15, 1963No. Civ. 26491PublishedCited by 8 opinions

1Opinion of the CourtBurke, P. J.

Plaintiff seeks to establish rights to property of a decedent on the ground that she is the surviving spouse or (alternatively) the putative spouse of Ralph E. Miller, decedent. Defendants are the children of decedent by a prior marriage.

Plaintiff married Burton C. Wells in 1920 and obtained a divorce from him in 1945 in Dallas, Texas. She married Prestley H. Walker in 1947 in Dallas, and the parties separated in California in July 1956, when the husband returned to Texas. No divorce was secured by either party and the parties were not in contact with each other after the separation. The case…

2Cases cited5 opinions

  1. Vallera v. ValleraCalifornia Supreme Court · 1943
  2. Mears v. MearsCalifornia Court of Appeal · 1960
  3. Safway Steel Products, Inc. v. LefeverCalifornia Court of Appeal · 1953
  4. Estate of KroneCalifornia Court of Appeal · 1948
  5. Flanagan v. Capital National BankCalifornia Supreme Court · 1931

3Cited by8 opinions

  1. Ceja v. Rudolph & Sletten, Inc.California Supreme Court · 2013
  2. Board of Trustees v. HartmanCalifornia Court of Appeal · 1966
  3. Powell v. RogersCourt of Appeals for the Ninth Circuit · 1974
  4. Knott v. BarnhartDistrict Court, E.D. California · 2003
  5. Wagner v. County of ImperialCalifornia Court of Appeal · 1983

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