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ESTATE OF JOHNSON

Docket No. 23882.

178 Cal.App.2d 826 (1960)

3 Cal. Rptr. 408

Estate of SADIE G. JOHNSON, Deceased. ALAN CRANSTON, as State Controller, etc., Appellant, v. HARRY MILLER, Respondent.

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

March 15, 1960.

Attorney(s) appearing for the Case

James W. Hickey, Chief Inheritance Tax Attorney, Walter H. Miller, Chief Assistant Inheritance Tax Attorney, and Myron Siedorf, Assistant Inheritance Tax Attorney, for Appellant.

Berk & Bise for Respondent.

SHINN, P.J.

[1] It is well settled that when a husband or wife makes a will which expresses a clear intention to dispose of all the estate of the testator in the belief that it is his or her separate property, and by the will leaves a portion of it to the surviving spouse, if the latter claims a community interest in the property, he or she has a choice between taking under the will or standing upon his...

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