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ESTATE OF POWERS

Docket No. 14252.

97 Cal.App.2d 888 (1950)

218 P.2d 1007

Estate of JOSEPHINE FRANCES POWERS, Deceased. JOSEPH WHALEN McMAHON, Appellant, v. ALEXANDER McCULLOCH, as Executor, etc., Respondents.

Court of Appeals of California, First District, Division One.

June 7, 1950.

Attorney(s) appearing for the Case

Robert E. Hatch for Appellant.

Tobin & Tobin, Charles R. Collins and Frank J. Fontes for Respondents.

PETERS, P.J.

Josephine Powers died testate on July 20, 1943, leaving her entire estate to persons other than blood relatives and to various charities. The will was admitted to probate and letters testamentary were issued to Alexander McCulloch. Appellant, who is a second cousin of decedent, and who claims to be her closest surviving blood relative, filed a contest on the ground that the testatrix was of unsound mind when the will was executed. At the first trial the...

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