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IN RE MEYER

No. 1 CA-CV 98-0527.

987 P.2d 822 (1999)

195 Ariz. 336

In the Matter of Dorothy T. MEYER and Edward T. Meyer Family Trust, and Dorothy T. Meyer First Irrevocable Trust. In the Matter of the Estate of E. Tom Meyer, deceased. Pearl F. Meyer, a former spouse, Appellant, v. Timothy L. Mikolay and Erika K. Meyer, as Co-Personal Representatives designated in the Last Will and Testament of E. Tom Meyer; and Cleveland Clinic Foundation, Appellees.

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

September 30, 1999.

Attorney(s) appearing for the Case

Rosepink & Estes by David J. Estes and James A. Fassold, Scottsdale, Attorneys for Appellant.

Lewis & Roca, L.L.P. by Susan M. Freeman, George L. Paul and Hope E. Leibsohn, Phoenix, Attorneys for Co-Personal Representatives.

Squire, Sanders & Dempsey, L.L.P. by Donald A. Wall and Kevin J. Bonner, Phoenix, Attorneys for Appellee Cleveland Clinic Foundation.

OPINION

KLEINSCHMIDT, Judge.

¶ 1 In 1972, Dorothy T. Meyer created two trusts. One was the Edward T. Meyer Family Trust and the other was the Dorothy T. Meyer First Irrevocable Trust. Dorothy Meyer's son, Edward T. Meyer, was a trustee of both trusts. Both trusts contained a provision giving Dorothy's son a limited power of appointment.

B. Upon the death of Edward T. Meyer, the entire amount, including undistributed income remaining in Trust...

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