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ESTATE OF BAGLIONE

Docket Nos. Sac. 7611, 7646.

65 Cal.2d 192 (1966)

417 P.2d 683

53 Cal. Rptr. 139

Estate of PETER BAGLIONE, Deceased. MARIE BAGLIONE, Plaintiff and Appellant, v. ALBERT L. WAGNER, as Executor, etc., et al., Defendants and Respondents. MARIE BAGLIONE, Plaintiff and Appellant, v. ALBERT L. WAGNER, as Executor, etc., Defendant and Respondent; CARMELLO BAGLIONE et al., Interveners and Respondents. (Two Cases.)

Supreme Court of California. In Bank.

September 6, 1966.

Attorney(s) appearing for the Case

Frank Bottaro, DeCristoforo & DeCristoforo and Joseph A. DeCristoforo for Plaintiff and Appellant.

John C. Alaimo, George DeLew and E.R. Vaughn for Defendants and Respondents, and for Interveners and Respondents.

TRAYNOR, C.J.

In these proceedings Marie Baglione, the widow of Peter Baglione, seeks to establish her right to succeed to certain real property in Peter's estate to the exclusion of the devisees under his will. In a proceeding to determine heirship, the superior court sitting in probate found that the property was the community property of Marie and Peter and should be distributed accordingly. It expressly declined to consider Marie's claim to the entire property...

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