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IN RE SMITH'S ESTATE

No. 39211.

73 Wn.2d 629 (1968)

440 P.2d 179

In the Matter of the Estate of DAN SMITH, Deceased. BETTY ROWE et al., Appellants, v. HELENA SMITH, Respondent.

The Supreme Court of Washington, Department One.

April 25, 1968.

Attorney(s) appearing for the Case

Jackson, Ulvestad & Goodwin, by Thor P. Ulvestad, for appellants.

Jerry T. Haggarty, for respondent.

ROSELLINI, J.

The respondent, surviving spouse of Dan Smith, deceased, petitioned the superior court for clarification of two paragraphs of his will, contending that property referred to therein as separate property of the testator was in fact community property. The appellants, daughters of Dan Smith by a prior marriage, to whom he bequeathed 75 per cent of his separate property, opposed this contention of the widow.

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