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Conflict of Laws

Michigan Law Review

1949

California probate statute

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Wills-Validity Of Devise To United States Government, Richard J. Brake Mar 1949

Wills-Validity Of Devise To United States Government, Richard J. Brake

Michigan Law Review

A California testator bequeathed "all I own and possess to the United States Government." His heirs sought to have the disposition set aside, claiming the federal government could not be a beneficiary under the California probate statute which permitted testamentary dispositions to be made to the state, counties, municipal corporations and certain others. From the order denying their petition for distribution, the heirs appealed. Held, reversed. The word "state" as used in the probate statute does not include the United States. In re Burnison's Estate, (Cal. App. 1948) 196 P. (2d) 822.