California, United States of America
The following excerpt is from Nidever's Estate, In re, 181 Cal.App.2d 367, 5 Cal.Rptr. 343 (Cal. App. 1960):
While we cannot agree with all of the reasoning used in Welch v. All Persons, 85 Mont. 114, 278 P. 110, we think the court there reached the correct conclusion and used, in part, the distinction above noted.
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