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FULLER v. FULLER

Docket No. 10862.

229 Cal.App.2d 532 (1964)

40 Cal. Rptr. 393

MARCUS D. FULLER et al., Plaintiffs and Respondents, v. HENRY J. FULLER et al., Defendants and Appellants; RUTH FULLER et al., Defendants and Respondents.

Court of Appeals of California, Third District.

September 3, 1964.

Attorney(s) appearing for the Case

Lopez & Haines and William E. Haines for Defendants and Appellants.

McKenzie, Arata & Murphy and Joseph P. Murphy, Jr., for Plaintiffs and Respondents.

Roy W. Blair, Rawlins Coffman and Noel Watkins for Defendants and Respondents.

PIERCE, P.J.

This proceeding was brought to determine the identity of the heirs of Daniel Fuller, deceased, and the shares which each takes of certain real property under his will. Two of twenty-five persons affected have appealed from the distribution decreed by the trial court.

The decedent by paragraph 3 of his will provided:

"Thirdly, I give and bequeath and devise the use of all of my real estate to my children ... so long as any of said children...

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