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ESTATE OF GUTIERREZ

Docket No. 27338.

220 Cal.App.2d 6 (1963)

33 Cal. Rptr. 593

Estate of MERCEDES L. GUTIERREZ, Deceased. ROY A. GUTIERREZ, as Administrator With the Will Annexed, etc., Plaintiff and Respondent, v. ANTHONY L. VILLA et al., Defendants and Appellants; STATE OF CALIFORNIA, Defendant and Respondent.

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

September 6, 1963.

Attorney(s) appearing for the Case

Price, Postel & Parma, H. Clarke Gaines, Lilian M. Fish and Charles W. Willey for Defendants and Appellants.

Paul C. Hill for Plaintiff and Respondent.

Stanley Mosk, Attorney General, and Carl Boronkay, Deputy Attorney General, for Defendant and Respondent.

BURKE, P.J.

Decedent died leaving a surviving spouse but no issue. She was also survived by a nephew and three nieces, children of her deceased sister. Approximately three years prior to her death she executed a document which, on a prior appeal, was declared to be a will and entitled to probate. (Estate of Gutierrez, 189 Cal.App.2d 165 [11 Cal.Rptr. 51].) The instrument read...

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