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FUNK v. SUPERIOR COURT IN AND FOR COUNTY OF MARICOPA

No. 9461.

104 Ariz. 370 (1969)

453 P.2d 516

Arthur L. FUNK, as Executor of the Estate of Benjamin A. Funk, Deceased, Petitioner, v. The SUPERIOR COURT of Arizona IN AND FOR the COUNTY OF MARICOPA and W.E. Patterson, a Judge thereof; and Charles John Funk, Respondents.

Supreme Court of Arizona. In Banc.

April 24, 1969.

Attorney(s) appearing for the Case

O'Connor, Cavanaugh, Anderson, Westover, Killingsworth & Beshears, Phoenix, for petitioner.

Bayham & Ferrin, Phoenix, for respondents.

HAYS, Justice.

The petitioner, Arthur L. Funk, is the executor of the estate of Benjamin A. Funk, deceased, and has been since his appointment January 15, 1946. The first account and report of petitioner was settled and approved on December 27, 1946, and the second account and report on December 2, 1955.

On May 15, 1965 the respondent, Charles John Funk, filed a petition in Probate to remove the executor for the alleged embezzlement of funds of the estate...

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