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ESTATE OF GARCIA

Docket No. S.F. 17770.

34 Cal.2d 419 (1949)

210 P.2d 841

Estate of THERESA GARCIA, Deceased. HENRY MARSHALL, Appellant, v. MARY ROGERS, as Administratrix, etc., Respondent.

Supreme Court of California. In Bank.

November 1, 1949.

Attorney(s) appearing for the Case

Benjamin C. Mickle and A.B. Bianchi for Appellant.

J.J. Henderson and Donald E. Wachhorst as Amici Curiae, on behalf of Appellant.

Donahue, Richards, Rowell & Gallagher and A.R. Rowell for Respondent.

TRAYNOR, J.

Petitioner has appealed from a judgment entered on the pleadings precluding him from participating as an heir in the distribution of his paternal aunt's estate, as well as from an order denying his motion to amend his petition after judgment. [1] The order is not appealable under the provisions of section 1240 of the Probate Code, and the appeal therefrom must be dismissed. The petition on which judgment was entered against petitioner on the...

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