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MATTER OF MARITAL TRUST

No. 2 CA-CV 91-0068.

169 Ariz. 443 (1991)

819 P.2d 1029

In the Matter of the MARITAL TRUST UNDER the JOHN W. MURPHEY AND HELEN G. MURPHEY TRUST, Indenture dated January 12, 1959, as Amended and Restated in its entirety on July 6, 1973. Patricia Murphey ADAMS, Appellant, v. The JOHN AND HELEN MURPHEY FOUNDATION, and John G. Payson and Arthur R. Tanner, Trustees of the Marital and Residual Trusts created by Indenture Dated January 12, 1959, as amended and restated in its Entirety on July 6, 1973, Appellees.

Court of Appeals of Arizona, Division 2, Department A.

October 10, 1991.

Attorney(s) appearing for the Case

Emily Wolitzky and Sidney F. Wolitzky, Tucson, for appellant.

Lesher & Borodkin, P.C. by Robert O. Lesher, Tucson, for appellee John and Helen Murphey Foundation.

William R. Poston and Streich Lang, P.A. by Jeffrey Willis and Kim Zack, Tucson, for appellees Trustees John G. Payson and Arthur R. Tanner.

OPINION

LACAGNINA, Presiding Judge.

In this appeal, we affirm the judgment of the trial court granting partial summary judgment in favor of the trustees and the John and Helen Murphey Foundation based upon its finding, as a matter of law, that the trust indenture dated January 12, 1959, as amended on July 6, 1973, did not permit Helen Murphey to delegate her personal power to amend or revoke the trust. Summary ...

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