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IN RE ESTATE OF HARBER

No. 8420.

99 Ariz. 322 (1965)

409 P.2d 31

In the Matter of the ESTATE OF J.N. HARBER, Deceased. Rex E. STALEY, E.J. O'Malley and H.W. McNell, as Co-Executors and Trustees under the Last Will and Testament of J.N. Harber, Deceased, and the Harber Foundation, a non-profit Arizona corporation, and Robert W. Pickrell, Attorney General of The State of Arizona, Appellants, v. The ESTATE OF Mary H. HARBER, Deceased, Appellee.

Supreme Court of Arizona. En Banc.

December 17, 1965.

Attorney(s) appearing for the Case

Charles A. Stanecker, Evans, Kitchel & Jenckes, Darrell F. Smith, Atty. Gen., Robert W. Pickrell, former Atty. Gen., Jerry W. Lawson, Asst. Atty. Gen., Phoenix, for appellants.

Lewis, Roca, Scoville, Beauchamp & Linton, by John P. Frank, Charles Crehore, Gerald K. Smith, Phoenix, Spurr & Steed, by J. Rex Spurr, Shawnee, Okl., for appellee.

CHARLES C. STIDHAM, Superior Court Judge:*

The will of Dr. J.N. Harber was admitted to probate August 31, 1962. On February 26, 1963, his surviving spouse, Mary Helen Harber, filed a petition for determination of heirship. In it she alleged that a provision of the will was invalid and void because of uncertainty and indefiniteness as to the beneficiary, because it violated the rule against perpetuities...

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