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ESTATE OF LABRIE

Docket No. 5102.

130 Cal.App.2d 235 (1955)

278 P.2d 760

Estate of ELIZABETH L. LABRIE, Deceased. WILLIAM ATWOOD, Appellant, v. VELMA A. LAVOY, Respondent.

Court of Appeals of California, Fourth District.

January 14, 1955.

Attorney(s) appearing for the Case

Brooks Crabtree and Charles E. Burch, Jr., for Appellant.

Ruel Liggett, Roy M. Cleator, E.C. Davis and Olney R. Thorn for Respondent.

BARNARD, P.J.

This is an appeal from an order determining heirship and construing a will. The testatrix died on September 23, 1952, leaving a will dated May 19, 1949, at which time she was 60 years of age. The first paragraph of the will reads:

"I declare that I am married, the name of my husband being LOUIS R. LABRIE, and that we have no children of our marriage; but that I have one child of a previous marriage...

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