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LAUERMANN v. SUPERIOR COURT

No. E036833.

26 Cal.Rptr.3d 258 (2005)

127 Cal.App.4th 1327

Eva LAUERMANN as Personal Representative etc., et al., Petitioners, v. The SUPERIOR COURT of the County of San Bernardino, Respondent; Anuchar Muongpruan et al., Real Parties in Interest.

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

March 29, 2005.

Attorney(s) appearing for the Case

Alexandra S. Ward and Ward & Ward, Walter Moore and Hartnell, Lister & Moore, San Bernardino, for Petitioners.

No appearance for Respondent.

Philip M. Savage, IV and Gresham Savage Nolan & Tilden, San Bernardino, for Real Parties in Interest.

OPINION

KING, Acting P.J.

In this case we are asked to determine the meaning of the term "duplicate original" as used in Probate Code section 6124.1 We hold that the term does not include a photocopy not personally executed by the testator and witnesses. Accordingly, the presumption that the testator destroyed his will with the intent to revoke it will apply at the trial of the matter.

Although the procedural history...

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