California Court of Appeal

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Estate of Duke, B227954

In an appeal from a judgment of the trial court in favor of the heirs of the deceased who were omitted from a holographic will, and against named charitable organizations, judgment is affirmed where: 1) the court correctly interpreted the will as unambiguous; and 2) the will did not make any provision for the disposition of the deceased’s property in the event his wife predeceased him by several years, as actually occurred, thus resulting in intestacy.

Appellate Information

  • Decided 12/05/2011
  • Published 12/05/2011




  • California Court of Appeal


  • For Appellant:
  • Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Susan Cooley;  Rodriguez, Horii, Choi & Cafferata, Reynolds Cafferata;  Benedon & Serlin, Gerald Serlin, and Douglas Benedon for Claimants and Appellants.

  • For Appellees:
  • Sacks, Glazier, Franklin & Lodise and Margaret Lodise for Petitioners and Respondents.
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