Spreckels v. Spreckels

172 Cal.775 (1916)

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Nature of the Case

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Facts

Ps brought this action to compel an accounting by Ds respecting certain property received by them from the decedent, Claus Spreckels, in his lifetime, and for restitution thereof, so far as it exceeded one-half of the community property of Claus Spreckels and Anna C. Spreckels, his wife, and, if restitution cannot be made, then for judgment for the value thereof. H and W married 1852 and lived together as husband and wife from that time until the death of H on December 26, 1908. W died on February 15, 1910. They had but five children. Three of them are Ps, and the other two are Ds. All the property owned by H, during his marriage, and at his death, was acquired during said marriage and was community property. H made gifts to Ds of large amounts of this community property aggregating in value about twenty-five million dollars. That left other property not exceeding ten million dollars in value at H's death. W did not consent to the making of any of these gifts. Several months after H’s death, W devised her estate to Ps explaining that H had already given a large part of the estate to Ds. Ps claim that since W never consented to any of the gifts to Ds, they were void. The court granted Ds’ demurrer, and Ps appealed.