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ESTATE OF EMERY

Docket No. 61.

199 Cal.App.2d 22 (1962)

18 Cal. Rptr. 86

Estate of ELIZA H. EMERY, Deceased. BONNIE MIDDLECOFF, Individually and as Guardian ad Litem, etc., Plaintiffs and Appellants, v. HENRY HUBBARD MIDDLECOFF, as Executor, etc., Defendant and Respondent.

Court of Appeals of California, Fifth District.

January 9, 1962.

Attorney(s) appearing for the Case

Smith & Zeller, Charles A. Zeller, Johnson & Parker and Richard E. Johnson for Plaintiffs and Appellants.

Charles M. Stark, Paul W. McComish, Riley & Hall and Robert R. Elledge for Defendant and Respondent.

BROWN, J.

This is an appeal from an order terminating the authority and capacity of the guardian ad litem of an incompetent person and dismissing a contest to a codicil.

Eliza H. Emery died testate at the age of 86 years on August 12, 1957. Henry Hubbard Middlecoff and Robert Fitch Middlecoff, her sons and only heirs at law, survived her. Henry is the executor and respondent herein, as well as the general guardian of Robert, an incompetent person. Eliza...

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