Estate of Zahn

Morris Lavine for Claimants and Appellants.

Marcus Muskat for Petitioner and Respondent.

Meserve, Mumper & Hughes, Downey A. Grosenbaugh, Thomas C. Lynch, Attorney General, and Lawrence R. Tapper, Deputy Attorney General, for Claimants and Respondents.

OPINION

JEFFERSON, J.

Margarete Clara Zahn (also known as Margaret Zahn), Paul Zahn and Otto Zahn, three first cousins of the decedent who reside in Germany, appeal from the judgment (decree determining interest in estate) or order of distribution. [1]

Esther Louisa Zahn, a lifelong spinster, died on August 3, 1967, leaving a holographic will dated May 12, 1960, which was duly admitted to probate on September 1, 1967. Security Pacific National Bank (formerly Security First National Bank, previously known as Farmers and Merchants National Bank) was appointed executor of her estate which had an approximate value of $600,000 to $700,000 principally in real estate and trust deeds on real estate. (1a) Petitions to determine interests in the estate were filed by the executor, by the three appellants claiming to be the decedent's heirs at law, by the Salvation Army, and by the Attorney General of the State of California. (Prob. Code,…