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BREWER v. SIMPSON

Docket No. L.A. 24587.

53 Cal.2d 567 (1960)

349 P.2d 289

2 Cal. Rptr. 609

MAUDE P. BREWER et al., Plaintiffs and Appellants, v. ABIGAIL PARKHURST SIMPSON et al., Defendants and Appellants.

Supreme Court of California. In Bank.

February 9, 1960.

Attorney(s) appearing for the Case

Edmond Gattone and Clifford A. Hemmerling for Plaintiffs and Appellants.

George I. Devor, Paul P. Selvin, Irving M. Walker, Mark Mullin and Robert A. Schlesinger for Defendants and Appellants.

SCHAUER, J.

Plaintiffs and defendants by cross-appeals attack a judgment which awards plaintiffs some but not all of the relief sought in an action for specific performance of a contract to make mutual wills, to declare a trust, and for an accounting. Defendant Abigail Simpson and her former husband George Brown made mutual wills which provided that all the property of the first to die should go to the survivor and all the property of the survivor should go one half...

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