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MATTER OF ESTATE OF MACKABEN

No. 2 CA-CIV 3586.

126 Ariz. 599 (1980)

617 P.2d 765

In the Matter of the ESTATE of Bertha Viola MACKABEN, Deceased. Alice J. BUSSE, Thomas B. Olson, John Henry Olson and William E. Olson, Petitioners/Appellants, Elsie Sullivan, Personal representative of the Estate of John P. Sullivan, Deceased, Appointed Party/Appellant, v. Eugene MACKABEN, Respondent/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 5, 1980.

Review Denied September 23, 1980.

Attorney(s) appearing for the Case

Nolen L. McLean, Tucson, for petitioners/appellants.

Seefeldt & Neal by Michael Neal, Tucson, for appointed party/appellant.

Scott, McLean & Renneckar by W.C. Scott, Tucson, for respondent/appellee.

OPINION

HATHAWAY, Chief Judge.

This is an appeal from orders refusing to admit to probate the purported self-proved will of Bertha Viola Mackaben, dated October 1, 1975, or to grant proponent a new trial. We affirm.

Bertha Viola Mackaben died on May 16, 1979. John P. Sullivan, named in her will as personal representative, offered the document for probate. Eugene Mackaben, decedent's son, filed a contest, alleging undue influence and lack of testamentary...

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