ESTATE OF PETERSON

Docket No. 23774.

259 Cal.App.2d 492 (1968)

66 Cal. Rptr. 629

Estate of VIRGINIA L. PETERSON, Deceased. JACK ROBERTSON, as Executor, etc., Petitioner and Respondent, v. MARGARET M. WILBER et al., Objectors and Respondents; ARTHRITIS AND RHEUMATISM FOUNDATION, Objector and Appellant.

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

February 27, 1968.


Attorney(s) appearing for the Case

Cushing, Cullinan, Hancock & Rothert and Brian P. Burns for Objector and Appellant.

Burnett, Burnett, Keough & Cali., William J. Keough, Crist, Peters, Donegan & Brenner and John M. Brenner for Objectors and Respondents.

Robertson, Alexander & Luther and Myron D. Alexander for Petitioner and Respondent.


DEVINE, P.J.

This case presents two quite separate questions of law: first, whether a half-sister of a testatrix may challenge a charitable devise or bequest under section 41 of the Probate Code; and second, whether an order setting aside an agreement by the testatrix' surviving husband to settle a will contest and to assign to a charity all of his rights because of mistake and because of gross unreasonableness of consideration...

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