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EBERT v. STATE OF CALIFORNIA

Docket No. Sac. 5838.

33 Cal.2d 502 (1949)

202 P.2d 1022

MADGE EBERT et al., Respondents, v. STATE OF CALIFORNIA et al., Appellants.

Supreme Court of California. In Bank.

February 25, 1949.

Attorney(s) appearing for the Case

Fred N. Howser, Attorney General, Gladys S. Burroughs, E.G. Benard and William J. Power, Deputy Attorneys General, for Appellants.

Brandenburger & White and William A. White for Respondents.

Henry F. Boyen and Frank J. Fontes as Amici Curiae on behalf of Respondents.

TRAYNOR, J.

H.D. Coe died intestate on July 3, 1938, and his estate was probated in the Superior Court for Butte County. Since no heirs appeared to claim the estate, the court on May 6, 1940, entered its decree ordering distribution of the estate to the State of California pursuant to section 1027 of the Probate Code. The estate consisted of $7,181.40 in cash on deposit with the Treasurer of Butte County and a claim for money against the California Almond Growers...

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