Estate Of Vargas

111 Cal. Rptr. 779 (1974)

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Nature of the Case

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Facts

H lived a double life as husband and father to two separate families, neither of which knew of the other's existence. H died intestate in an automobile accident, and everyone discovered the lies. W1 and H married in 1929, raised three children, and lived together until Juan's death in 1969. From 1945 until his death, H never spent more than a week or 10 days away from home. They acquired no substantial assets until after 1945. W2 and H married in Las Vegas in February 1945 and went through a second marriage ceremony in Santa Ana in May 1945. W2 knew H had been previously married, but H assured her he had acquired a divorce. In July 1945, they moved into a home in West Los Angeles and there raised a family of four children. After 1949 H no longer spent his nights at home, explaining to W2 that he spent the nights in Long Beach in order to be close to his business. H visited W2 and their children every weekday for dinner, spent time with them weekends, supported the family, and exercised control over its affairs as husband and father. W2 continued to perform secretarial work for H's business at home without pay. The probate court divided the estate equally between the wives. W1 appealed.