THE SALVATION ARMY CORPORATION ET AL RESPONDENTS v. SECURITY FIRST NATIONAL BANK OF LOS ANGELES NATIONAL BANKING ASSOCIATION ET AL DEFENDANTS ERNEST WELLMAN APPELLANT

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District Court of Appeal, Second District, Division 2, California.

THE SALVATION ARMY (A CORPORATION) ET AL., RESPONDENTS, v. SECURITY–FIRST NATIONAL BANK OF LOS ANGELES (A NATIONAL BANKING ASSOCIATION) ET AL., DEFENDANTS; ERNEST P. WELLMAN, APPELLANT.

Civ. 13569.

Decided: June 16, 1942

Winterer & Ritchie, of Los Angeles, for appellant. Dee Holder, Newby & Newby, Howard Hemenway, and W. Cloyd Snyder, all of Los Angeles, for respondents.

This is a companion case to Larrabee v. Tracy, 126 P.2d 947, this day decided. As the appeal is submitted on the record in that case and assigns as the only error the holding of the court below that Edith Larrabee is entitled to take as substituted legatee the provision made for her mother, the instant case is controlled by that case and so must be affirmed.

Judgment affirmed.

HANSON, Justice pro tem.

MOORE, P. J., and McCOMB, J., concurred.