ESTATE OF SMYTHE

Docket No. 20690.

132 Cal.App.2d 343 (1955)

282 P.2d 141

Estate of CHARLOTTE S. SMYTHE, Deceased. NEAL D. IRELAND et al., Respondents, v. PACIFIC HOME et al., Appellants.

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

April 18, 1955.


Attorney(s) appearing for the Case

Roland Maxwell, Paul H. Marston and Richard W. Olson for Appellants.

Wendell P. Hubbard for Respondents.


VALLÉE, J.

Appeal from the decree of distribution in the estate of Charlotte S. Smythe, who died testate. The problem is the proper interpretation of the dispositive paragraph of her will.

The provision of the will in question reads:

"All that I possess I give and bequeath to this same RUTH SMYTH for her during her life time, as she may need or see fit to use. If, upon her death, any of my estate remains, it is my will that such remainder be divided...

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