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BANK OF AMERICA v. LA MALFA

Docket No. 26597.

20 Cal.App.3d 177 (1971)

97 Cal. Rptr. 525

BANK OF AMERICA, as Executor, etc., Plaintiff and Appellant, v. JOSEPH LA MALFA, Defendant and Respondent; WILLIAM STOCKLEY, Intervener and Appellant; MICHAEL HERZOG, an Incompetent Person, etc., Intervener and Respondent. EDMUND CWERTNIAK et al., Plaintiffs and Appellants, v. JOSEPH LA MALFA et al., Defendants and Appellants. (Consolidated Cases.)

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

September 22, 1971.

Attorney(s) appearing for the Case

COUNSEL

Harold A. Irish for Plaintiffs and Appellants.

Busch & Orchard, Merle P. Orchard, Rawles, Nelson, Golden & Hinkle and John Golden for Defendant and Respondent, for Defendants and Appellants and for Intervener and Appellant.

No appearance for Intervener and Respondent.

OPINION

KANE, J.

Frank Wert (Wert) died testate on June 15, 1955. Pursuant to the terms of his will, the executor of which was the Bank of America (Bank), the final decree of distribution filed November 12, 1957, provided for distribution of all of the estate and all unknown, undiscovered, or unmentioned property in equal shares to his brother Michael and to the State of California (State) in trust for his sister Cecelia, whose whereabouts...

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