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MATTER OF ESTATE OF BROTHER

No. 2 CA-CIV 4338.

134 Ariz. 536 (1982)

658 P.2d 189

In the Matter of the ESTATE OF Abe BROTHER, Deceased. Sally BROTHER, Personal Representative of the Estate of Abe Brother, Deceased, Petitioner/Appellee, v. Melvin G. BROTHER, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 8, 1982.

Review Denied January 7, 1983.

Attorney(s) appearing for the Case

Elmer W. Courtland, Tucson, for petitioner/appellee.

Ettinger & Deckter, P.C. by Louis L. Deckter, Tucson, for respondent/appellant.

OPINION

BIRDSALL, Judge.

This appeal is from an order of the probate court appointing the appellee as personal representative of the decedent. The order was based upon a finding that the appellee was the surviving spouse of the decedent and therefore had priority over the appellant, an heir,1 for appointment as personal representative. A.R.S. § 14-3203(A).

The decedent and the appellee were married on May 8, 1978....

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