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RESTATE OF SWETMANN

No. A089985.

102 Cal.Rptr.2d 457 (2000)

85 Cal.App.4th 807

RESTATE OF Regis SWETMANN, Deceased. Margaret Corcoran, Petitioner and Respondent, v. George Cushing, Objector and Appellant. Estate of Vera Swetmann, Deceased. Margaret Corcoran, Petitioner and Respondent, v. George Cushing, Objector and Appellant.

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

December 20, 2000.

Attorney(s) appearing for the Case

Dario de Ghetaldi, Corey, Luzaich, Manos & Pliska, Millbrae, Counsel for Objector and Appellant George Cushing.

Ruth Downs Sullivan, Sullivan Law Office, Lyn C. Bierce, Mires & Bierce, San Francisco, Counsel for Petitioner and Respondent Margaret Corcoran.

RICHMAN, J.*

In this case of first impression, we are called upon to interpret section 21350 of the Probate Code insofar as it restricts transfers to a fiduciary who "transcribes the instrument or causes it to be transcribed." (Subd. (a)(4).) We then apply that interpretation to the will of Regis Swetmann, who left the residue of his estate to George Cushing (Cushing), his conservator (who also had, for many years, a power of attorney...

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