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IN RE ESTATE OF ZILLES

No. 1 CA-CV 07-0893.

200 P.3d 1024 (2008)

In the Matter of the ESTATE OF Annabel ZILLES, Deceased. Stephen Zilles, in his capacity as Successor Trustee of the Trust, and in his individual capacity; Dennis J. O'Connor; Gerald W. Edson; Susan E. Raynal; Linda J. Oakley, Marian Edson Fleming, Edward G. Edson; Marcia Basilius, David Thompson, Gary Thompson and Michele May, Appellees, v. The American Legion; Shriners Hospitals for Children, Appellants.

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

December 23, 2008.

Attorney(s) appearing for the Case

Burch & Cracchiolo By Daryl Manhart, Anthony R. Iniguez, Melissa Iyer, Phoenix, Attorneys for Appellees Oakley/Fleming/Edson/Zilles.

Quindry & Koniuszy By Phillip C. Quindry, Mesa, Attorneys for Appellee Zilles, as Trustee.

Harry P. Friedlander, Mesa, Attorney for Appellees Basilius/Thompson/May.

Dennis J. O'Connor, Port Huron, MI, In Propia Persona.

Gerald W. Edson, Port Huron, MI, In Propia Persona.

Susan E. Raynal, Gross Point Woode, MI, In Propia Persona.

Quarles & Brady, LLP By James A. Ryan, Lauren Elliott Stine, Phoenix, Attorneys for Appellants.

OPINION

SWANN, Judge.

¶ 1 This appeal presents the question whether a lapsed gift of residuary trust assets passes to the trustors' heirs according to the law of intestacy or to the other residual beneficiaries identified in the trust. For the reasons discussed below, we hold that such a gift passes to the remaining residual beneficiaries and reverse the order of the trial court.

FACTUAL BACKGROUND

¶ 2 On December 26, 1997, Frederick...

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