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IN RE WARREN'S ESTATE

No. 5566.

74 Ariz. 385 (1952)

249 P.2d 948

In re WARREN'S ESTATE. INMAN v. IRVING.

Supreme Court of Arizona.

November 17, 1952.

Attorney(s) appearing for the Case

Byrne & Byrne, of Prescott, for exceptor and appellant.

Crawford & Baker, of Prescott, for executrix and appellee.

DE CONCINI, Justice.

The principal facts in this case are reported in Ariz., 248 P.2d 873. On this motion for rehearing we are confronted with an unusual situation. Appellee urges this rehearing upon a matter not raised in her brief or in oral argument; hence it was not before this court when we rendered our decision. Since this new matter has to do with a solemn judgment of the lower court which was not appealed from, we are obliged...

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