IN RE FOREMAN'S ESTATE

No. 2 CA-CIV 37.

1 Ariz. App. 41 (1965)

399 P.2d 175

In the Matter of the ESTATE of Arthur Marshal FOREMAN, aka Arthur Marshal Forman, aka Arthur M. Foreman, aka Arthur M. Forman, aka A.M. Foreman, aka A.M. Forman, Deceased. FIRST NATIONAL BANK OF ARIZONA, PHOENIX, Executor of the Estate of Arthur Marshal Foreman, deceased, and Richard Forman and Mary Joan Koenigs, Beneficiaries under the Last Will and Testament of Arthur Marshal Foreman, deceased, Appellants, v. Laura THOMASON, Individually and as Administratrix, with Will annexed, of the Last Will and Testament of Mary R. Foreman, deceased, Appellee.

Court of Appeals of Arizona.

Rehearing Denied March 5, 1965.

Review Granted June 2, 1965.


Attorney(s) appearing for the Case

Fennemore, Craig, Allen & McClennen, Phoenix, Jerry Smith, Flagstaff, and Jennings, Strouss, Salmon & Trask, Phoenix, for appellants.

Stokes & Moring, Casa Grande, for appellee.


KRUCKER, Chief Judge.

Arthur Marshal Foreman died a resident of Arizona, and the entire estate consisted of community property acquired by himself and his wife, Mary R. Foreman, over a long period of years. Mr. Foreman, at the time of his death, was over 90 years old and his wife, Mary, since deceased, was in her eighties.

The lower court held that the estate consisted only of deceased's undivided one-half of the entire community estate and ordered that all...

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