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  5. 96 Cal.App.2d 263 (1950)
 

ESTATE OF DAVISON

Docket No. 17490.

96 Cal.App.2d 263 (1950)

215 P.2d 504

Estate of ALBERT MILTON DAVISON, Deceased. A. MILTON DAVISON, Petitioner and Respondent; LOS ANGELES ORTHOPAEDIC FOUNDATION, Legatee and Respondent, v. OSCAR H. SCHOCK et al., Appellants.

Court of Appeals of California, Second District, Division Two.

February 28, 1950.

Attorney(s) appearing for the Case

Vaughan, Brandlin & Wehrle and J.J. Brandlin for Appellants.

W.I. Titus for Petitioner and Respondent.

Joseph J. Burris for Legatee and Respondent.

MOORE, P.J.

By his will dated March 29, 1929, decedent bequeathed to his son Milton and to five friends $2,000 each. By the tenth paragraph of the instrument he devised the rest, residue and remainder of his property to respondent foundation concluding with the following clause.

"In the event that for any reason the portion of my estate that would go to said Los Angeles Orthopaedic Foundation shall not be entitled, under the law, to receive all of the rest...

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