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DAY v. WISWALL'S ESTATE

No. 6915.

93 Ariz. 400 (1963)

381 P.2d 217

Eva Greene DAY, Appellant, v. The ESTATE of Mary Greene WISWALL, Deceased, et al., Appellees.

Supreme Court of Arizona, En Banc.

Rehearing Denied June 4, 1963.

Attorney(s) appearing for the Case

Fennemore, Craig, Allen & McClennen, Phoenix, by John J. O'Connor III, Phoenix, Bryant & Moltzen, San Francisco, Harry C. Mabry, Los Angeles, Cal., for appellant.

John B. Tittmann, Albuquerque, N.M., James V. Robins, Nogales, (deceased) Favour & Quail, Prescott, for appellee Charles Harrison Greene.

Gentry & McNulty, Bisbee, for appellee George A. Wiswall.

Wesley E. Polley, Phoenix, for appellees Mary Virginia Greene Sturdivant and William C. Greene.

Evans, Kitchel & Jenckes, Phoenix, for appellee Frank Townsend Greene.

John M. Williams, Douglas, for appellee Florence Louise Greene Sharp.

James M. Murphy, Tucson, for appellee Clarence Kirk Greene.

JENNINGS, Justice.

Plaintiff-appellant brought suit against the executors and beneficiaries of her stepmother's estate to declare that portions of that estate and certain other property be held in constructive trust for the benefit of the plaintiff. Motions were made by two of the defendants-appellees to dismiss the amended complaint. The superior court granted judgment dismissing the complaint with prejudice and without leave to amend. At the hearing preceding the...

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