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ESTATE OF McLAUGHLIN

Docket No. 29713.

243 Cal.App.2d 516 (1966)

52 Cal. Rptr. 543

Estate of EDWARD H. McLAUGHLIN, Deceased. FIRST WESTERN BANK AND TRUST COMPANY, as Executor, etc., Petitioner and Appellant, v. EVA MAE DUIT, Objector and Respondent.

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

July 15, 1966.

Attorney(s) appearing for the Case

Vaughan, Brandlin, Robinson & Roemer and Walter R. Trinkaus for Petitioner and Appellant.

O'Melveny & Myers, Sidney H. Wall, E. Harley Walther, and T.E. Calleton for Objector and Respondent.

ROTH, P.J.

Testator Edward McLaughlin died on December 19, 1962. His gross estate for federal estate tax purposes was $2,575,744.43.

[1a] Testator, in his will, directed: "Third: I give, devise and bequeath the sum of $40,000.00 cash lawful money of the United States, but not in excess of five (5%) per cent of the distributable assets of my estate, to MRS. LOUIS E. DUIT...." First Western Bank and Trust Company is the executor and appellant. Eva...

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