ESTATE OF NICELY

Docket No. 10897.

235 Cal.App.2d 174 (1965)

44 Cal. Rptr. 804

Estate of EDYTHE WARD NICELY, Deceased. AUBREY NICELY HERRINGTON, Petitioner and Appellant, v. NATIONAL FOUNDATION FOR INFANTILE PARALYSIS et al., Objectors and Appellants.

Court of Appeals of California, Third District.

June 21, 1965.


Attorney(s) appearing for the Case

Carl Kuchman for Petitioner and Appellant.

Milton H. Gordon, Thomas J. Cunningham, Knight, Boland & Riordan, John H. Riordan, Bledsoe, Smith, Cathcart, Johnson & Rogers, Robert S. Cathcart, Vaughan, Paul & Lyons, John Lyons and Wilkie Courter for Objectors and Appellants.


PIERCE, P.J.

This is an opinion after rehearing granted from the opinion filed April 5, 1965.

[1] Edythe Ward Nicely by her will left substantially all of her estate in trust, $250 per month to be paid by the trustee to her daughter, Aubrey Nicely Herrington (also her sole heir at law), for life, the residue upon her death to go to five charities, four of which were nonexempt under Probate Code section 41. That section provides that if more than...

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