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Publisher Description

Following hearings on petitions to determine heirship in this estate the probate court found that on March 21, 1947, the date of death of the decedent (see Estate of Giordano (1948), 85 Cal. App. 2d 588, 594 [193 P.2d 771]), the reciprocal inheritance rights prescribed by section 259 of the Probate Code did not exist between residents and citizens of this nation and those of Yugoslavia as to either real or personal property. Judgment was thereupon entered to the effect that decedents surviving brother Thomas (respondent herein), residing in and a citizen of the United States, is entitled to distribution of decedents entire estate, to the exclusion of a surviving brother, John, who resides in and is a national of Yugoslavia. The two brothers are decedents sole heirs at law. John appeals, contending that the evidence is not sufficient to support the finding of nonreciprocity. The question before us is not whether we, if we were viewing the evidence initially, should find that the greater weight seemed to favor appellant or the respondent but is, rather, whether we can hold that as a matter of law the finding of the probate court is without substantial evidentiary support. Every reasonable inference must be drawn in favor of the respondent. (Holmberg v. Marsden (1952), 39 Cal. 2d 592, 596 [248 P.2d 417].) So viewing the evidence we have concluded that appellants contention cannot be sustained and that the judgment should be affirmed.

GENRE
Professional & Technical
RELEASED
1953
February 19
LANGUAGE
EN
English
LENGTH
21
Pages
PUBLISHER
LawApp Publishers
SIZE
67.5
KB

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