STEPHENS, J.
The factual background of this appeal is taken from the brief of the appellant, omitting transcript references:
"This is an action for declaratory relief, forfeiture, and an accounting, which arises out of the Last Will and Testament of William S. Hart, Sr., who died in Los Angeles County on June 23, 1946, leaving a Will executed September 9, 1944, through which defendant County of Los Angeles was designated as the primary beneficiary under two...
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