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ESTATE OF HARTSON

Docket No. 20155.

200 Cal.App.2d 757 (1962)

19 Cal. Rptr. 694

Estate of ELECTA B. HARTSON, Deceased. ASENATH H. COPE, Claimant and Respondent, v. THOMAS TURNER et al., Claimants and Appellants.

Court of Appeals of California, First District, Division One.

February 27, 1962.

Attorney(s) appearing for the Case

Jefferson E. Peyser for Claimants and Appellants.

Roland C. Foerster, Morrison, Foerster, Holloway, Shuman & Clark and Girvan Peck for Claimant and Respondent.

TOBRINER, J.

While the words which the draftsman used in the testamentary trust involved here might be construed to produce an intestacy or a distorted distribution of the share of the income in dispute, we believe that a proper construction of the trust will effectuate the design and purpose of the testatrix without incurring these undesirable consequences and without transgressing upon principle or previous decision.

We probe here an appeal from an order...

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