STATE v. SMITH

No. 2 CA-CIV 284.

6 Ariz. App. 261 (1967)

431 P.2d 902

STATE of Arizona ex rel. the INDUSTRIAL COMMISSION of Arizona, Eva Ensign, Individually and as surviving spouse of Donald O. Ensign, Deceased, and as the parent-guardian of her several children, and Bettye Jane Johnston, Individually and as the surviving spouse of her Deceased husband and as the parent-guardian of her children, Appellants, v. Mabel A. SMITH, surviving widow of Clayton A. Smith, Deceased, and former administratrix of the Estate of Clayton A. Smith, Deceased, Appellee.

Court of Appeals of Arizona.

Rehearing Denied October 3, 1967.

Review Denied November 9, 1967.


Attorney(s) appearing for the Case

Rees, Estes & Browning, by William D. Browning, Tucson, for appellants.

Gentry, McNulty, Toci & Borowiec, by Philip E. Toci, Bisbee, for appellee.


JACK G. MARKS, Superior Court Judge.

This is an appeal from an order of the Superior Court of Cochise County entered on March 14, 1966, dismissing a petition filed on January 21, 1966, to reopen the estate of Clayton A. Smith, deceased, and to appoint an administrator de bonis non predicated upon tort claims against the estate which had not been filed with the decedent's surviving spouse, Mabel A. Smith, as administratrix...

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