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MATTER OF STROBEL

No. 18232-PR.

149 Ariz. 213 (1986)

717 P.2d 892

In the Matter of Oscar A. STROBEL, Inter Vivos Trust. Grace E. GREENWOOD, a single person, Third Party Plaintiff-Appellee, Oscar A. Strobel, III, Real Party in Interest-Appellee, v. Marshall L. PETERSON and Jane Doe Peterson, husband and wife, Third Party Defendants-Appellants.

Supreme Court of Arizona, En Banc.

Reconsideration Denied May 20, 1986.

Attorney(s) appearing for the Case

Ducey, Moore, Robinson & Bennett by William F. Bennett, Phoenix, for plaintiff-appellee.

Lewis & Roca by Charles M.H. Crehore, Susan M. Freeman, John P. Frank, Phoenix, for real party in interest-appellee.

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal, H. Jay Platt, Phoenix, for defendants-appellants.

FELDMAN, Justice.

PROCEDURAL OVERVIEW

This proceeding stems from a Petition for Construction filed by the Valley National Bank as Trustee under the Oscar A. Strobel Inter Vivos Trust. The petition sought instruction as to the distribution of one portion of a trust that had been subject to a general power of appointment vested in Willie Mae Strobel. The probate court ruling that Mrs. Strobel had not exercised the power was affirmed by the court of appeals....

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