ESTATE OF SMITH

Docket No. S.F. 17406.

33 Cal.2d 279 (1949)

201 P.2d 539

Estate of LEWIS WARREN SMITH, Deceased. BRANFORD BAPTIST CHURCH, Appellant, v. AMY EDITH NICHOLS, Respondent; WELLS FARGO BANK & UNION TRUST CO., as Executor, etc.

Supreme Court of California. In Bank.

January 11, 1949.


Attorney(s) appearing for the Case

Jay A. Darwin and Clifton E. Brooks for Appellant.

Weinmann, Moffitt & Quayle and Cyril Viadro for Respondent.


TRAYNOR, J.

Lewis Warren Smith died on May 28, 1945, leaving a holographic will dated April 7, 1942. By his will he bequeathed "to my wife the sum of Five Dollars" and $500 to the widows' and orphans' fund of a lodge of Masons, and left the residue of his estate to the Branford Baptist Church of Connecticut.

Amy Edith Smith, respondent, filed a claim against the estate alleging that she is the widow of the testator. She claims that she is entitled to two-thirds...

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