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IN RE ESTATE OF WYTTENBACH

No. 1 CA-CV 07-0012.

193 P.3d 814 (2008)

In the Matter of the ESTATE OF Emmett C. WYTTENBACH, Deceased. Barry D. Wyttenbach, in his capacity as court appointed Personal Representative of the Estate of Emmett C. Wyttenbach, Plaintiff-Appellant, v. Nona Wyttenbach, surviving spouse of Deceased, Defendant-Appellee.

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

August 26, 2008.

Attorney(s) appearing for the Case

Thomas J. Shumard, Attorney at Law By Thomas J. Shumard and Paul G. Ulrich PC By Paul G. Ulrich, Phoenix, Attorneys for Appellants.

Jennings Strouss & Salmon PLC By David Brnilovich, David B. Earl, Matthew L. Cates, Phoenix, Attorneys for Appellee.

OPINION

OROZCO, Judge.

¶1 Appellant Barry Wyttenbach (Barry), personal representative of Emmett Wyttenbach's (Emmett) estate, appeals the probate court's grant of summary judgment to Nona Wyttenbach (Nona) and the dismissal of the complaint with prejudice. For the following reasons, we affirm in part, reverse and remand in part for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶2 Emmett and Esther...

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