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4.42
<br />I 1, ')'\ 1 1 1611,
<br />IM AUGUSTINE CO. 8427 -5 -33
<br />Thirty -fifth Street in the City of Los Angeles; that each of said instruments was-executed in all
<br />respects in accordance with the laws of the State of California; that said decedent at the time o
<br />the execution of each of said instruments was of sound and disposing mind and memory 4nd not acti
<br />!under the undue influence, menace or fraud of any person whomsoever; that said subscribing witnesses
<br />were competent and qualified to act in that capacity. Petitioner therefore alleges that said instr
<br />ments which are produced and filed herewith and copies of which are attached hereto are respeetivE
<br />;what they purport to be, namely, the last will and testament of said decedent, and the first, secc
<br />f
<br />land third and only codicils thereto, and together they constitute the last will and testament of
<br />said decedent and are hereby offered by petitioner for-probate as such.
<br />6. That the legatees and devisees under said last will and testament of said deceased are as fol-
<br />lows:
<br />Ona B.McCarty, residing at 1264 hest Adams, Los Angeles, California;
<br />,Alva R.MeCarty, residing at Corona, California;
<br />i
<br />George A.McCarty, residing at Whittier, California;
<br />Rog-& Carrell, residing at Gardena, California
<br />Lora McConnell McCarty, residing at McConnell Ranch, E1 Centro, California;
<br />;Del Franklin McCarty, residing at 5340 West Boulevard, Los Angeles, California.
<br />'United Christian Missionary Society, a charitable corporation in corporated under the laws of the
<br />;State of Ohio, having its principal office at Number 425 De Balibiere Avenue, St. Louis, Missouri;
<br />Security -First National Bank of Los Angeles, a Corporation, as trustee.
<br />;That Lillie Beebe, Nellie Witt, Ona Vedder, Lora Bangerter and Allena McCarty are named in said wi
<br />as beneficigries under a precatory provision thereof.
<br />�,7.That W.H.Thompson, of Grand Island,Nebraska, is named in said will as ancillary executor in
<br />Nebraska if it should be necessary that ancillary proceedings should be conducted in that State.
<br />�. That petitioner Ona B.McCarty is named in said will as executrix thereof and by the provisions
<br />Hof said will she is exempt from the requirement of giving bond. That she consents to act in that
<br />capacity.
<br />9.That attached to said will is a document bearing date August S, 1924, executed by the testator
<br />and said Ona B.McCarty whereby the provisions of Section 1313 of the Civil Code are waived; that
<br />a certain other document executed also by the testator and petitioner, dated March 31, 1931, is
<br />attached to the first codicil aforesaid. That said instrumentsare filed with said will and codi
<br />with the purpose that effect shall be given thereto in accordance with the provisions thereof.
<br />!WHEREFORE petitioner prays that a day be fixed for the hearing of this petition; that due notice
<br />ithereof be given; that upon such hearing said instruments, including said codicils, may be admitte
<br />to probate as the last will and testament of said deceased, and that letters testamentary be issue
<br />tthereon to petitioner.
<br />Dated April 3, 1934,
<br />Barker & Keithly
<br />By Donald Barker
<br />Attorneys for Petitioner
<br />Ona B.McCarty
<br />Petitioner
<br />(ENDORSED) NO. 142510
<br />FILED APR 3, 1934
<br />L.E.LAMPTON, County Clerk.
<br />by Morris Barr, Deput
<br />Los Angeles,Apr 3, 1934
<br />The hearing of the within petition for
<br />PROBATE OF WILL and CODICILS is hereby set
<br />for the 23rd day of Apr 1934 at 10 o'clock A.M.
<br />in Dep't 24 of the Superior Court of Los Angeles
<br />County, California.
<br />L.E.LAMPTON, County Clerk,
<br />by N.P.Grant, Deputy Clerk.
<br />and
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