IN RE SULLENGER'S ESTATE

No. 2 CA-CIV. 99.

2 Ariz. App. 326 (1965)

408 P.2d 846

In the Matter of the ESTATE of Ernest A. SULLENGER, deceased. Charles Frederick SULLENGER, Marie Beach, Doris Boldman, Edward Sullenger, Gilbert Sullenger, Frances A. Welker and Charlotte Jones, Heirs of the deceased, Appellants, v. The VALLEY NATIONAL BANK OF ARIZONA, Executor, Appellee.

Court of Appeals of Arizona.

Rehearing Denied January 12, 1966.

Review Denied February 1, 1966.


Attorney(s) appearing for the Case

Riddel & Riddel, by Marilyn A. Riddel, Phoenix, for appellants.

Boyle, Bilby, Thompson & Shoenhair, by W.E. Dolph, Jr., Tucson, for appellee.


MOLLOY, Judge.

This is an appeal from the trial court's failure to find the appellee-bank, while acting as an executor, negligent in its administration of an estate, and from a failure to surcharge the executor's account. The appellants' petition was dismissed at the conclusion of the appellants' case in the lower court. There were no findings of fact and conclusions of law by the trial court, but this failure is not raised in any way on appeal. We view the evidence...

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