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O'BRIEN v. SUPERIOR COURT IN AND FOR MARICOPA COUNTY

No. 9288.

104 Ariz. 588 (1969)

457 P.2d 265

Joseph T. O'BRIEN, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR MARICOPA COUNTY; Robert L. Myers, Judge thereof; and Valley Nat'l Bank of Arizona, a National Banking Association, Respondents.

Supreme Court of Arizona. In Banc.

July 16, 1969.

Attorney(s) appearing for the Case

Herbert Mallamo, Phoenix, for petitioner.

Jack C. Cavness, George Sorenson, and John W. Rood, Phoenix, for respondents.

UDALL, Chief Justice:

Caroline B. O'Brien died on the 13th day of February, 1964 in Tucson, Arizona. She was survived by four children: two natural, Joseph T. O'Brien, hereinafter referred to as petitioner, and Suzanne Bates; and two adopted, Robert George O'Brien and Thomas Henry O'Brien, both minors. Decedent's estate is valued in excess of $800,000.00.

Decedent left a will which was drafted by petitioner. Under the will the bulk of decedent's estate passed...

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