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MALLARINO v. SUPERIOR COURT

Docket No. 15570.

115 Cal.App.2d 781 (1953)

252 P.2d 993

MARJORIE MALLARINO et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; EMMA TRAUNG HAMMERSMITH, as Executrix, etc., Real Party in Interest.

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

February 5, 1953.

Attorney(s) appearing for the Case

Delany, Fishgold & Minudri for Petitioners.

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

NOURSE, P.J.

Petitioners allege they are beneficiaries under the will of George Anthony Kearns, who left all his estate to his fiancee Emma Traung Hammersmith and made her executrix of his will, but in a separate provision directed her to provide for the petitioners, his nieces. The executrix petitioned the superior court for instructions as to the interpretation of this provision. That court held that the words were precatory. On appeal this court held them to be...

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