Nature of the Case
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Facts
A 1940 will was executed in New York. Later that will was expressly revoked and another was executed in California on April 30, 1941. Both wills named identical persons for identical cash bequests and a church as residual legatee. The testator died on May 2, 1941. The 1941 will was admitted to probate, but the bequest to the church was declared null and void as statutes prohibited charitable bequests executed within 30 days of death. The church filed this petition to have the 1940 will probated. The trial court refused. This appeal resulted.
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