Fields v. Michael

205 P.2d 402 (1949)

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Nature of the Case

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Facts

D is the executrix of the estate of H, who died on December 25, 1946. H and W married in California on April 8, 1900. At the time of the marriage, H had no assets or estate of any kind whatsoever, and all of the estate which he acquired subsequent to marriage was from compensation for personal services rendered during marriage. Several years subsequent to their marriage, H deserted W. He never discussed his financial affairs with her and wilfully withheld from her all information concerning the extent of his assets and any gifts or transfers made by him out of the community property. Solely from his personal earnings for services rendered during marriage, H secretly and without P's knowledge or consent made extensive transfers of money by way of gifts. Ten separate gifts in stated amounts, made to named individuals are set out. The total amount of these gifts was $482,450. Six additional gifts in unknown amounts to fictitiously named Ds are alleged. W did not consent to the making of said gifts or any one or more of them and said gifts and each of them were made without her knowledge and approval and are all disaffirmed by W. W did not learn of any of the gifts until after the death of H. W claimed the sum of $241,225 as her community interest in the unauthorized gifts. The claim was rejected. W appealed.