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ESTATE OF CASEY

Docket No. 61329.

128 Cal.App.3d 867 (1982)

198 Cal. Rptr. 170

Estate of ELISE T. CASEY, Deceased. PATRICIA S. BATCHELOR et al., Petitioners and Respondents, v. MONICA B. TALBOT, Objector and Appellant.

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

February 17, 1982.

Attorney(s) appearing for the Case

COUNSEL

Marshall, Lowthorp, Richards & Hibbs, Lascher & Lascher, Lascher & Wilner, Wendy Cole Lascher and Christina J. Imre for Objector and Appellant.

Latham & Watkins, A.R. Kimbrough, Stephen L. Jones, Minor, Popeney & Lebetsamer and Robert M. Popeney for Petitioners and Respondents.

OPINION

COMPTON, J.

This appeal presents the combined issues of the role of the judge and the use of extrinsic evidence in determining the applicability of Probate Code section 92 — the antilapse statute in a proceedings to determine heirship.1 The court below rejected any resort to extrinsic evidence and determined from the language of the will in question that Probate Code section 92 was applicable...

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