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Estate Of James Robert Brooks V. Brooks

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eBook details

  • Title: Estate Of James Robert Brooks V. Brooks
  • Author : Supreme Court Of California
  • Release Date : January 20, 1946
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Petitioner and decedent were married in September, 1936, and separated in June, 1940. Following their separation decedent brought two actions against his wife, one for divorce, in which she filed a cross-complaint asking that a divorce be granted her, and the other for the recovery of money allegedly paid her under the terms of a void antenuptial contract. In the divorce action decedent prevailed in the trial court, but petitioner secured a reversal of that part of the judgment granting decedent an interlocutory decree. (Brooks v. Brooks, 53 Cal. App. 2d 95 [127 P.2d 296].) Petitioner allowed the judgment to become final without appeal, however, insofar as it denied her the divorce prayed for in her cross-complaint. In the other action petitioner prevailed after two appeals had been taken. (Brooks v. Brooks, 48 Cal. App. 2d 347 [119 P.2d 970]; Brooks v. Brooks, 63 Cal. App. 2d 671 [147 P.2d 417].) In July, 1942, while both actions were still pending, petitioner made a written offer of reconciliation, which her husband did not answer. A year later, after the judgment in the divorce action had become final, petitioner in turn brought an action for divorce. As a result of negotiations between the parties, decedent agreed not to contest the action, waived his motion for a change of venue, and paid his wife $165 for attorney's fees and costs, and she agreed to make no other demands upon him in the action and joined him in the abandonment of the homestead that she had selected in 1939 from his separate property. Accordingly she was awarded an interlocutory decree of divorce on October 11, 1943, that


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