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ESTATE OF CARTER

Docket Nos. S.F. 19359, 19360.

47 Cal.2d 200 (1956)

302 P.2d 301

Estate of FRED MASON CARTER, Deceased. AMERICAN CANCER SOCIETY et al., Appellants, v. CHURCH DIVINITY SCHOOL OF THE PACIFIC, Respondent. Estate of MABEL C. CARTER, Deceased. AMERICAN CANCER SOCIETY et al., Appellants, v. CHURCH DIVINITY SCHOOL OF THE PACIFIC, Respondent.

Supreme Court of California. In Bank.

October 19, 1956.

Attorney(s) appearing for the Case

Peart, Baraty & Hassard, Joseph S. Rogers, Gerald S. Chargin, J. Clark Benson, Richard G. Lean, Douglas, Zingheim & Allen and Bruce F. Allen for Appellants.

Ridley Stone for Respondent.

McCOMB, J.

These are two appeals, consolidated by stipulation, from orders of the superior court instructing (1) the executor of the last will and testament of Mabel C. Carter, deceased, and (2) the trustee under the last will and testament of Fred M. Carter, deceased, to the effect that Mabel C. Carter did not by her will exercise the power of appointment given to her by the will of her predeceased husband, Fred M. Carter...

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