(DOWNLOAD) "Mcclure V. Laura Alpha Donovan" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: Mcclure V. Laura Alpha Donovan
- Author : Supreme Court Of California
- Release Date : January 19, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
As "sister of Jefferson D. Caruthers," Martha McClure brought an action to annul his marriage with defendant, Laura Alpha Donovan, upon the ground that "at the time" thereof he "was wholly incompetent and incapable by reason of incompetence, of contracting marriage," and he "continues to manifest that state of mind which renders him an incompetent person." It was further alleged that in the "purported marriage" defendant took "undue advantage of the mental condition and illness of" Mr. Caruthers and was seeking to "obtain [his] life savings and earnings." Coincidentally with the commencement of the annulment action, a proceeding was instituted for the appointment of one Louis A. Ghiotto as guardian of the person and estate of Mr. Caruthers, upon the ground of his alleged incompetency. The two matters were later consolidated for the purpose of trial. At the conclusion thereof, plaintiff in the annulment action obtained leave to amend her complaint "to conform to proof" and accordingly there was added the allegation that "at the time of [his] said marriage" with defendant he "was of unsound mind." Thereafter the court disposed of the litigation before it as follows: (1) in the guardianship proceeding an order was made appointing the guardian as nominated, and the appeal therefrom was dismissed (McClure v. Donovan, 82 Cal. App. 2d 664, 667 [186 P.2d 718]); (2) in the annulment action,