Harris v. Harris
Supreme Court of California
369 P.2d 481 (1962)
After Susie Harris became incompetent and her husband Marshall was appointed her guardian, Marshall made unauthorized gifts of community property totaling $29,543.76 to various recipients (defendants) over nine years, without court permission and without Susie's consent, which she was incapable of giving. After both Susie and Marshall died within months of each other in 1957, their son (plaintiff) qualified as executor of Susie's estate and sued the gift recipients under California Civil Code section 172 to recover Susie's one-half community-property interest in those gifts; the trial court ruled the son could bring that claim on Susie's behalf, and the recipients appealed.
Whether the statutory right of a wife to disaffirm her husband's unauthorized gifts of community property can be exercised, after her death, by the personal representative of her estate.