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ESTATE OF SCHLEGEL

Docket No. 35976.

10 Cal.App.3d 255 (1970)

88 Cal. Rptr. 734

Estate of JOSEPH SCHLEGEL, Deceased. DEPARTMENT OF MENTAL HYGIENE, Petitioner and Appellant, v. RUTH V. PREUSS et al., as Co-executors, Objectors and Respondents.

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

August 5, 1970.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, and Jerold A. Prod, Deputy Attorney General, for Petitioner and Appellant.

Andre & Wood and Richard D. Wood for Objectors and Respondents.

OPINION

GUSTAFSON, J.

Katherine E. Schlegel was on April 12, 1957, declared to be what is now described as "mentally disordered" and committed for placement in a state hospital where she remains today.

Joseph Schlegel, her husband, executed a will June 7, 1957, which provided that all of his estate should go to Katherine E. Schlegel, but if she should "fail to survive the distribution...

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