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IN RE ESTATE OF HARBER

No. 8572.

104 Ariz. 79 (1969)

449 P.2d 7

In the Matter of the ESTATE of J.N. HARBER, Deceased. Rex E. STALEY and E.J. O'Malley, as Co-Executors under the Last Will and Testament of J.N. Harber, Deceased, Appellant, v. The ESTATE of Mary H. HARBER, Deceased, Appellee.

Supreme Court of Arizona. In Banc.

January 2, 1969.

Attorney(s) appearing for the Case

Charles A. Stanecker, Evans, Kitchel & Jenckes, Phoenix, for appellant.

Lewis, Roca, Scoville, Beauchamp & Linton, by Charles Crehore, Phoenix, Spurr & Steed, by J. Rex Spurr, Shawnee, Okl., for appellee.

FRANK X. GORDON, Superior Court Judge.

Dr. J.N. Harber, died a resident of Phoenix, Maricopa County, Arizona on August 8, 1962. He was survived by his widow, Mary H. Harber. Mrs. Harber died on March 6, 1963.

The last will and testament of J.N. Harber was admitted to probate on August 31, 1962 and Joe Lanser, Sr., Rex E. Staley and E.J. O'Malley qualified and were appointed as co-executors. Mr. Lanser died in December 1963 and Messrs. Staley and O'Malley have...

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