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BODINE v. SUPERIOR COURT OF SANTA BARBARA CTY.

Docket No. 26570.

209 Cal.App.2d 354 (1962)

26 Cal. Rptr. 260

WILLIAM W. BODINE, JR., et al., Petitioners, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; VAN NESS HOW BATES et al., Real Parties in Interest.

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

November 8, 1962.

Attorney(s) appearing for the Case

Latham & Watkins and Schramm, Raddue & Seed for Petitioners.

No appearance for Respondent.

Griffith & Thornburgh, Rogers & Wilcox, Ross & Harris and Howard C. Parke for Real Parties in Interest.

ASHBURN, J.

Petition for prohibition against impaneling or employing a jury in the hearing of the second half of a petition for determination of heirship in the Estate of Louise W. How, also known as Louise Bodine How. Alternative writ was issued. We now hold that the peremptory writ should be granted.

Crocker-Anglo National Bank was named executor in Mrs. How's will. Having qualified and the appropriate time for filing petition to determine heirship having...

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