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ESTATE OF MABURY

Docket No. 46149.

54 Cal.App.3d 969 (1976)

127 Cal. Rptr. 233

Estate of BELLA MABURY, Deceased. RALPH KOHLMEIER, as Trustee, etc., Petitioner and Respondent, v. CHRISTIAN SCIENCE BOARD OF DIRECTORS OF THE MOTHER CHURCH, FIRST CHURCH OF CHRIST, SCIENTIST, BOSTON, MASSACHUSETTS et al., Claimants and Appellants; BOARD OF TRUSTEES OF LELAND STANFORD JUNIOR UNIVERSITY, Claimant and Respondent; EVELLE J. YOUNGER, as Attorney General, Respondent.

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

January 28, 1976.

Attorney(s) appearing for the Case

COUNSEL

Paul, Hastings, Janofsky & Walker, Edward D. Spurgeon, Richard K. Roeder, Charles M. Walker, David B. Harriman, John R. Peterson, O'Melveny & Myers, David D. Watts, John F. Aiso and David E. Gordon for Claimants and Appellants.

Parker, Milliken & Kohlmeier, Clark & O'Hara, Floyd M. Lewis, Paul J. Livadary and Jeffrey L. Glassman for Petitioner and Respondent.

McCutchen, Doyle, Brown & Enerson and Albert J. Moorman for Claimant and Respondent.

Evelle J. Younger, Attorney General, and James M. Cordi, Deputy Attorney General, for Respondent.

OPINION

JEFFERSON (Bernard), J.

This is an appeal and cross-appeal from an order of the probate court directing distribution of income of a testamentary charitable trust.1

Bella Mabury died October 16, 1964. Her will, dated September 29, 1961 (including two subsequent codicils), was admitted to probate on November 9, 1964. The order for preliminary distribution, which established her testamentary...

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