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ESTATE OF SCHMIDT

Docket No. 24621.

261 Cal.App.2d 262 (1968)

67 Cal. Rptr. 847

Estate of MAX SCHMIDT, Deceased. CLINTON V. ERVIN, JR., as Executor, etc., Petitioner and Respondent, v. ROBERT M. SCHMIDT, Individually and as Administrator, etc., et al., Objectors and Appellants.

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

April 18, 1968.

Attorney(s) appearing for the Case

Carr, McClellan, Ingersoll, Thompson & Horn, Luther M. Carr, David C. Carr, Gordon & Welch and Steven H. Welch, Jr., for Objectors and Appellants.

Cerf, Robinson & Leland, Bernheim, Sugarman, Gilbert & Straughn and Herbert A. Leland for Petitioner and Respondent.

TAYLOR, J.

After Max Schmidt (hereafter Max) and his wife Patricia were killed in a tragic automobile accident, the executor of her estate filed this proceeding to determine heirship, pursuant to the Uniform Simultaneous Death Act, sections 296-296.8 of the Probate Code. The heirs and administrator of Max's estate appeal from a judgment decreeing that Patricia was the surviving spouse of Max and an heir of his estate, contending that there was no sufficient evidence...

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