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IN RE ESTATE OF POUSER

No. CV-97-0407-PR.

975 P.2d 704 (1999)

193 Ariz. 574

In the Matter of the ESTATE OF: Benjamin POUSER, Deceased. Amy Pouser-Webb, Harold Pouser, and Richard Pouser, Plaintiffs-Appellants, v. Suzanne Pouser, individually; Suzanne Pouser and Thomas S. Filip as Personal Representatives of the Estate of Benjamin Pouser, Deceased; and the Estate of Benjamin Pouser, Deceased, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

April 8, 1999.

Attorney(s) appearing for the Case

Chalpin & Tom, Ltd. By Mitchell A. Chalpin and Rick Kilfoy Phoenix Attorneys for Petitioners/Appellants.

Meyer, Hendricks, Bivens & Moyes, P.A. By Don Bivens and Viet V. Le Phoenix and Osborn & Maledon By Debra A. Hill Phoenix Attorneys for Respondents/Appellees.

OPINION

HOWARD, Judge.

¶ 1 After a trial to the court, the trial judge found that decedent Benjamin Pouser had intended that appellee Suzanne Pouser, Benjamin's second wife, inherit the maximum amount allowable under the federal estate tax marital deduction in effect at the time of his death and that Suzanne was therefore entitled to Benjamin's entire estate, to the exclusion of appellants Richard Pouser, Harold Pouser, and Amy Pouser Webb, Benjamin...

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