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ESTATE OF WEMYSS

Docket No. 14816.

49 Cal.App.3d 53 (1975)

122 Cal. Rptr. 134

Estate of EDWIN D. WEMYSS, Deceased. WENDY CLAIRE WEMYSS FUHRMAN, Petitioner and Appellant, v. BANK OF STOCKTON, as Executor and Trustee, etc., Objector and Respondent.

Court of Appeals of California, Third District.

June 11, 1975.

Attorney(s) appearing for the Case

COUNSEL

Lee & Hertzer, Theodore B. Lee, J. David Hertzer, Zuckerman & Sargent and Thomas Zuckerman for Petitioner and Appellant.

Gordon J. Aulik, Cavalero, Bray, Shumway & Geiger and Mark S. Bray for Objector and Respondent.

OPINION

EVANS, J.

Appellant petitioned the superior court for removal of the Bank of Stockton as executor and testamentary trustee of the estate of Wemyss, alleging conflict of interest and breach of fiduciary duties to the estate. The trial court denied the petition, and this appeal ensued.

In 1962, decedent, Edwin D. Wemyss, was the owner of the Coca-Cola Bottling Company of...

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