In re Finkler’s Estate

Full title: In re FINKLER’S ESTATE.

Court: Supreme Court of California

Date published: Jan 25, 1934

46 P.2d 148 (Cal. 1934)

Opinion

46 P.2d 148 In re FINKLER’S ESTATE. No. S. F. 14681 Supreme Court of California January 25, 1934

          In Bank.

         See, also (Cal.App.) 21 P.2d 681; (Cal. Sup.) 46 P.2d 149.

          OPINION

          PER CURIAM

          Good cause appearing therefor, it is ordered that the submission heretofore entered herein be, and the same is hereby, vacated and set aside.

          It is further ordered that contestants be granted 20 days, respondent 20 days, and contestants 10 days to file briefs on the following questions:

          (1) In passing upon the scope and validity of finding No. 5 of the court below, is it necessary to determine whether there is a difference in meaning between the document as ordered to probate and the document as amended, if effect be given to all cancellations, alterations, amendments, interlineations, and changes appearing on the face thereof?

          (2) If answered in the affirmative, does or does not the document, as altered and amended, purport to dispose of decedent’s whole estate to the same devisees and legatees, in the same distributive proportions shown by the document as it read on April 21, 1930?

          Cause then to be submitted without further argument.