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MARTINDALE v. SUPERIOR COURT

Docket No. L.A. 29714.

2 Cal.3d 568 (1970)

468 P.2d 199

86 Cal. Rptr. 71

JULIA KINCAID MARTINDALE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; EDGAR F. ERWAY, as Administrator, etc., Real Party in Interest.

Supreme Court of California. In Bank.

May 6, 1970.

Attorney(s) appearing for the Case

COUNSEL

Lasky & Battaglia, Lasky, Battaglia & Levinthal, Jack M. Lasky and Joseph C. Battaglia for Petitioner.

John D. Maharg, County Counsel, and Douglas C. Miller, Deputy County Counsel, for Respondent.

Newton & Irvin, George W. Rochester and Richard B. Newton for Real Party in Interest.

OPINION

McCOMB, J.

Petitioner seeks a writ of mandate to compel respondent court to set aside its order denying her motion to dismiss a petition for revocation of probate of a purported will and codicils for failure to bring the matter to trial within two years (Code Civ. Proc., § 583).

Facts: In 1943, at the age of 65, Lucy May Wygant (hereinafter referred to as "decedent") became a resident of what is now known...

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