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MATTER OF ESTATE OF THORPE

No. 1 CA-CIV 8569.

152 Ariz. 341 (1986)

732 P.2d 571

In the Matter of the ESTATE OF Winifred L. THORPE, Deceased. Lucretia THORPE, Personal Representative of the Estate of Winifred L. Thorpe, Proponent-Appellant, v. Wilbur THORPE, Contestant-Appellee.

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

Reconsideration Denied October 17, 1986.

Review Denied February 13, 1987.

Attorney(s) appearing for the Case

Favour, Weaver, Moore & Schuyler, P.A. by John M. Favour, Janis Ann Sterling, Prescott, for proponent-appellant.

David A. Chamberlain, P.C. by David A. Chamberlain, Prescott, for contestant-appellee.

OPINION

PAUL G. ULRICH, Judge Pro Tem.

This appeal involves a will contest in which one of decedent's sons successfully challenged the validity of his mother's will. The primary issue is whether there was sufficient evidence to support a finding that decedent lacked testamentary capacity to execute the will. Appellant has requested attorney's fees for defending her claim at trial and on appeal. Appellee has requested attorney's fees on appeal. We reverse and...

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