Opinion
Docket No. L.A. 9022.
June 1, 1927.
APPEAL from a judgment of the Superior Court of Los Angeles County. Hartley Shaw, Judge. Affirmed.
The facts are stated in the opinion of the court.
Hamilton A. Bauer for Appellants.
J.W. Morin and Morin, Newell Brown for Respondents.
Devlin Devlin, Amici Curiae for Appellants.
Hubbard Johnson and T.W. Hubbard, Amici Curiae for Respondents.
Andrews Andrews for Defendant Union Oil Associates.
THE COURT.
[1] The preliminary statement made in Hamilton A. Bauer et al. v. Lily M. Bauer et al., ante, p. 267 [ 256 P. 820], is applicable in all respects to the instant case. We therefore adopt the decision formerly rendered in this case, which was vacated upon the order granting the petition for rehearing, as our decision in the instant case. It follows:
"This is an action on behalf of certain heirs and legatees of Emile Bauer, deceased, to recover to his estate certain stock of the Union Oil Company and Union Oil Associates which the plaintiffs allege was procured by Lily M. Bauer, one of the defendants, from Emile Bauer in his lifetime by fraud and undue influence. This case is identical in principle with the case of Hamilton A. Bauer et al. v. Lily M. Bauer et al., ante, p. 267 [ 256 P. 820]. On the authority of that case, therefore, the judgment in this case is affirmed."