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ESTATE OF RUTAN

Docket No. 19219.

119 Cal.App.2d 592 (1953)

260 P.2d 111

Estate of ANNA C. RUTAN, Deceased. FARMERS AND MERCHANTS NATIONAL BANK OF LOS ANGELES, as Trustee, etc., Petitioner and Appellant, v. THE UNITED STATES NATIONAL BANK OF DENVER, as Executor, etc., et al., Contestants and Appellants; EMILY CLARKE RUTAN, Respondent.

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

August 10, 1953.

Attorney(s) appearing for the Case

Chandler P. Ward for Petitioner and Appellant.

Larwill & Wolfe, Thomas A. Wood, Stevens Weller, Jr., Gibson, Dunn & Crutcher, E.H. Conley and Robert F. Schwarz for Contestants and Appellants.

Combs & Hoose, Lee Combs, Thomas J. Kelley and Harned Pettus Hoose for Respondent.

DRAPEAU, J.

Anna C. Rutan, a widow, executed her last will on August 26, 1937. After her death on July 24, 1941, it was duly admitted to probate and its terms were incorporated in decrees of distribution entered on April 20, 1942, and July 27, 1943, respectively.

The dispositive provisions of the will may be summarized as follows:

By article second, testatrix gave her clothing, jewelry, personal effects and real estate "to my granddaughter Donna Rutan...

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