California Court of Appeal December 18, 1959, Civ. 18628 (Fallon v. American Trust Co.)

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TOBRINER, J.

J.— This ease presents the sole issue of whether or not appellant’s second amended complaint states a cause of action. This complaint alleges: (1) an oral agreement by the decedent to devise and bequeath one-fourth of his estate to appellant in consideration of her forbearance from suing for divorce; (2) forbearance from suit by appellant despite legal grounds therefor; and (3)