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ESTATE OF NEWMARK

Docket No. 47821.

67 Cal.App.3d 350 (1977)

136 Cal. Rptr. 628

Estate of MORRIS A. NEWMARK, Deceased. UNION BANK, as Trustee, etc., Petitioner and Respondent, v. SECURITY PACIFIC NATIONAL BANK, as Trustee, etc., Objector and Appellant; GEORGE ALFRED NEWMARK et al., Claimants and Respondents; CHESTER E. HOWELL, as Executor, etc., Objector and Respondent.

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

February 18, 1977.

Attorney(s) appearing for the Case

COUNSEL

Adams, Duque & Hazeltine, Stephen M. Burgin, Margaret Levy and Homer B. Newman for Objector and Appellant.

Parker, Milliken, Kohlmeier, Clark & O'Hara, Paul J. Livadary and Carlo Sima for Claimants and Respondents.

No appearance for Petitioner and Respondent and for Objector and Respondent.

OPINION

STEPHENS, Acting P.J.

The origin of this litigation is that William Newmark, the last surviving son of the testator M.A. Newmark, died before his sister Edna Newmark. The central issue of the litigation is whether the language of the decree of distribution (Decree) requires the court to imply a condition of survival. The testator died in 1931, and his estate was divided in accordance with the Decree based on his will. The...

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