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MUTZ v. WALLACE

Docket No. 20083.

214 Cal.App.2d 100 (1963)

29 Cal. Rptr. 170

THEODORE MUTZ, Plaintiff and Respondent, v. HENDERSON R. WALLACE, as Executor, etc., Defendant and Appellant; JAMES S. MELLEN, Intervener and Appellant.

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

March 15, 1963.

Attorney(s) appearing for the Case

Ropers, Majeski & Kane and Robert F. Kane for Intervener and Appellant.

Otto A. Hoecker for Defendant and Appellant.

Shirley, Saroyan, Cartwright & Peterson, S.M. Saroyan and Jay R. Martin for Plaintiff and Respondent.

KAUFMAN, P.J.

This is an appeal from a judgment for the plaintiff, Theodore Mutz, granting specific performance of a contract of the decedent, Marshall S. Hanrahan, to will to Mutz $10,000 and certain real property. Appellant, H.R. Wallace, is the executor of the will of the decedent; appellant and intervener, J.S. Mellen, is an heir of the decedent and the testamentary devisee of the real property in question.

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