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CAPRIOTTI v. MILLSAPS

No. 1 CA-CIV 4063.

123 Ariz. 281 (1979)

599 P.2d 237

Chester R. CAPRIOTTI, Appellant, v. Judy MILLSAPS, Appellee.

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

Rehearing Denied July 11, 1979.

Review Denied September 6, 1979.

Attorney(s) appearing for the Case

A. Elwyn Larson and Lee V. Bakunin, Phoenix, for appellant.

L. Dennis Marlowe, Tempe, for appellee.

OPINION

JACOBSON, Judge.

The sole issue raised by this appeal is whether a will executed prior to January 1, 19741 by one spouse in favor of the other spouse is revoked by the subsequent divorce of the parties coupled with a division of their property.

This appeal arose out of petitions filed by appellee, Judy Millsaps (Judy), for construction of a will and declaratory judgment to determine the rights of the parties in...

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