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MATTER OF ESTATE OF MESSER

No. 1 CA-CIV 3607.

118 Ariz. 291 (1978)

576 P.2d 150

In the Matter of the ESTATE of Elmer Jesse MESSER, Deceased. Suzanne MESSER, Frank Messer and Martha Messer, minors, by their next friend Mary E. Messer, Therese Messer and Mary E. Messer, Appellants, v. June B. MINER and Thomas Aranda, Jr., Personal Representative under the Will of Elmer J. Messer, Deceased, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

February 21, 1978.

Attorney(s) appearing for the Case

Robert C. Moore, Phoenix, for appellants.

Combs, Foley & Clark by Christopher A. Combs, Phoenix, for appellee Miner.

DePrima & DeLeon by Gregory J. Lyon, Phoenix, for appellee Aranda.

OPINION

JACOBSON, Judge.

The primary issue on appeal is the effect of an amended judgment for separate maintenance on the rights of a surviving spouse and surviving children to an allowance in lieu of homestead, exempt property allowance, and family allowance pursuant to A.R.S. §§ 14-2401, 14-2402, 14-2403, respectively.

Elmer Jesse Messer died on July 28, 1975 leaving a will which devised all his property to appellee, June B. Miner, and...

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