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TIDWELL v. RICHMAN

Civ. A. No. 13742.

127 F.Supp. 526 (1953)

Lyda TIDWELL, individually, Lyda Tidwell, as Co-trustee and Lyda Tidwell, as beneficiary under Richman Trust, Plaintiff, v. Frederick I. RICHMAN, individually; Frederick I. Richman, as Co-trustee under Declaration of Trust dated November 1, 1945, and amendments thereto; Frederick I. Richman, as Agent of Co-trustees under Declaration of Trust dated November 1, 1945, and amendments thereto; J. B. Witt, Witt Ice and Gas Co., a California corporation; Modern Machine Works, a California corporation; Consolidated Mortgage Co., a California corporation; Formula Products, a California corporation; Betty Pomy, also known as Mrs. Theodore Lerberg; Theodore Lerberg; Doe I to XX, individuals; Roe I Corporation to IX Corporation, Corporations Doe I to Doe V, a partnership, partnerships, Defendants.

United States District Court, S. D. California, Central Division.

November 30, 1953.

Attorney(s) appearing for the Case

Lyda Tidwell in pro. per. and William P. Camusi, Laurence B. Martin, of Martin, Hahn & Camusi, Los Angeles, Cal., for plaintiff.

Frederick I. Richman, in pro. per., Joseph T. Enright, Walter L. Nossaman, Joseph L. Wyatt, Jr., of Brady, Nossaman & Paulston, Los Angeles, Cal., for defendants Frederick I. Richman, individually, as agent, and as trustee, Witt Ice & Gas Co., Modern Machine Works, Consolidated Mortgage Co., Formula Products Co., Mrs. Theodore Lerberg, formerly Betty Pomy, and Theodore Lerberg.

TOLIN, District Judge.

This is an action between Lyda Tidwell and Frederick I. Richman each of whom is a trustee and trustor under a declaration of trust. Plaintiff has brought suit asking this Court to permit her to void the declaration of trust and for a distribution of the assets of the estate to the trustors. She claims that the trust is a voidable one because of (1) undue influence in the inception; (2) fraud in the inception; (3) fraudulent and improper management...

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