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IN RE BALKE'S ESTATE

No. 5839.

78 Ariz. 102 (1954)

276 P.2d 527

In the Matter of the ESTATE of Rudolph Luis Balke, Deceased. L.M. BYRD, Individually, and as Executor of the Estate of Rudolph Luis Balke, Deceased, Appellant, v. FIRST NATIONAL BANK OF ARIZONA, Phoenix, Co-Trustee under the Will of Rudolph Luis Balke, Deceased, Appellee.

Supreme Court of Arizona.

November 15, 1954.

Attorney(s) appearing for the Case

James E. Flynn and John F. Connor, Phoenix, for appellant.

Neil C. Clark, William C. Eliot and Ronald Webster, Jr., Phoenix, for appellee.

STANFORD, Justice.

This is an appeal from two orders and a decree involving the closing of the estate of Rudolph Luis Balke. The executor, L.M. Byrd, challenges that part of the order of the Superior Court which (1) disallows the payment of interest on special legacies and surcharges the executor with the interest previously paid; (2) forbids the enforcement of a lien on the California property devised to Mrs. Balke; and (3) orders the payment of $4000 attorney fees...

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