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ESTATE OF MURPHY

Docket No. 28844.

16 Cal.App.3d 564 (1971)

94 Cal. Rptr. 141

Estate of JAMES T. MURPHY, Deceased. WELLS FARGO BANK, Plaintiff and Respondent, v. THOMAS K. BEARD et al., Defendants and Appellants.

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

April 7, 1971.

Attorney(s) appearing for the Case

COUNSEL

Kimble, MacMichael & Jackson, Joseph C. Kimble, Jon Wallace Upton and A.M. Frad for Defendants and Appellants.

Rea, Frasse, Anastasi, Clarke & Lewis, Burnett, Burnett, Keough, Cali, Bishop & Baker, John M. Burnett, Hoge, Fenton, Jones & Appel and Charles H. Brock for Plaintiff and Respondent.

OPINION

DEVINE, P.J.

Appellants seek writ of supersedeas to stay execution of an order terminating and distributing the corpus of a $2 million testamentary trust, pending an appeal from the order. The trial court granted a stay on condition that appellants execute and file an undertaking of $175,000. Appellants contend that they are entitled to an automatic stay without an undertaking and that supersedeas should issue as a corrective...

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