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IN RE ESTATE OF WATERLOO

No. 1 CA-CV 10-0331.

250 P.3d 558 (2011)

In the Matter of the ESTATE OF Gloria WATERLOO, Deceased. Jack Zimmerman, Appellant, v. Vernon H. Allen, Jr.; Rev. Lee Allen, Sr.; The Estate of Dorothy Gale Duncan; Ralph M. Allen, Jr.; Steven E. Allen; Virginia Wyatt Cavenaugh; Benjamin F. Allen; Ashley Allen; June Allen Williams; Clarence W. Allen; Ervin Ray Allen; Wilmer E. Allen; Lawrence E. Allen; Greg Allen, Sr.; East Valley Fiduciary Service, Inc., as Personal Representative for the Estate of Gloria Anne Waterloo, Appellees.

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

March 8, 2011.

Attorney(s) appearing for the Case

Rosepink & Estes, P.L.L.C. By Robert J. Rosepink, David J. Estes, Michele Leigh Goens, Scottsdale, Attorneys for Appellant.

Jackson White PC By James L. Tanner, Mesa, Attorneys for Appellee East Valley Fiduciary Service, Inc.

Bellah & Associates, PLLC By Richard Bellah, Charley L. Laman, Nathaniel Nickele, Glendale, Attorneys for Other Appellees.

OPINION

JOHNSEN, Judge.

¶ 1 We hold in this case that a testator's failure to create a "list of final instructions" that was to be attached to her will did not invalidate the testamentary intent with which she created the will. Accordingly, we reverse the superior court's order declining to admit the will to probate and remand for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 According to the record, Gloria Waterloo...

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