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ESTATE OF KEARNS

Docket No. S.F. 17748.

36 Cal.2d 531 (1950)

225 P.2d 218

Estate of GEORGE ANTHONY KEARNS, Deceased. MARJORIE MALLARINO et al., Appellants, v. EMMA TRAUNG HAMMERSMITH, Respondent.

Supreme Court of California. In Bank.

December 21, 1950.

Attorney(s) appearing for the Case

Elmer P. Delany, William A. Sullivan, Martin J. Jarvis and Richard O. Graw for Appellants.

Marshall E. Leahy, John F. O'Dea, Philip S. Ehrlich and R.J. Hecht for Respondent.

GIBSON, C.J.

This appeal is taken by Marjorie Mallarino and Lois Graham from an order of the probate court which instructed respondent executrix with respect to the interpretation of the holographic will of George A. Kearns, the material portions of which are as follows:

"1 — I hereby bequeath to my beloved and devoted fiance Emma Traung Hammersmith of the City and County of San Francisco, California, all my real and personal property and

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