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ESTATE OF MURPHY

Docket No. L.A. 30498.

15 Cal.3d 907 (1976)

544 P.2d 956

126 Cal. Rptr. 820

Estate of JOHN W. MURPHY, Deceased. UNION BANK, as Executor, etc., Petitioner and Respondent, v. LISA MARIE MURPHY, a Minor, etc., et al., Claimants and Appellants; RUTH L. PERRY, as Executrix, etc., Claimant and Respondent.

Supreme Court of California. In Bank.

January 27, 1976.

Attorney(s) appearing for the Case

COUNSEL

G. Harold Janeway and George I. Devor for Claimants and Appellants.

No appearance for Petitioner and Respondent.

Duitsman & Hughes and Roger G. Duitsman for Claimant and Respondent.

OPINION

WRIGHT, C.J.

John W. Murphy (Murphy) died on April 29, 1971, survived by his wife Royene, whom he had married in 1942. Murphy's will purported to place all of his and Royene's community property, as well as his own separate property, into two trusts in which Royene would have life interests plus a general testamentary power of appointment in the trust that included her community property interest. The will declared, however...

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